Krishna Kant Sharma And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39130 of 2016 Arising Out of PS.Case No. -502 Year- 2016 Thana -SAMASTIPUR COMPLAINT CASE DistrictSAMASTIPUR ======================================================

1. Krishna Kant Sharma son of late Munshi Sharma

2. Jayanti Devi wife of Krishna Kant Sharma

3. Niraj Chandra Bhatt @ Niraj Chandra son of Krishna Kant Sharma.

4. Subhash Chandra Bhatt son of Late Munshi Sharma.

5. Suraj Bhatt son of Subhash Chandra Bhatt

6. Devraj Bhatt son of Subhash Chandra Bhatt.

7. Pramila Kumari wife of Subhash Chandra Bhatt. .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Kishor Prasad, Adv. For the Opposite Party/s : Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-09-2016 Heard learned counsels for the petitioner and the State. The petitioners being the parents, brothers, uncle and aunt of the husband of the complainant are apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

The basic accusation is of torture for non-fulfillment of the dowry demand.

It is submitted by the learned counsel for the petitioners that the accusation against the petitioners is omnibus and general

Patna High Court Cr.Misc. No.39130 of 2016 (2) dt.07-09-2016 2/2 and thrust of accusation is against the husband of the complainant. The petitioners claim to be separate from the husband of the complainant. The petitioners have no objection in allowing the complainant to enjoy her share of property in the matrimonial house.

It is submitted by the learned counsel for the complainant that the torture was inflicted at the hands of the petitioners also.

Considering the thrust of accusation against the husband of the complainant, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Samastipur in connection with Complaint Case No. 502 of 2016, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T