Mani Shankar Prasad Gupta @ Mani Shankar Kumar Gupta And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43664 of 2016 Arising Out of PS.Case No. -16 Year- 2016 Thana -MAHILA P.S. District- SHEOHAR ======================================================
1. Mani Shankar Prasad Gupta @ Mani Shankar Kumar Gupta Son of Virendra Prasad Gupta
2. Hari Shankar Prasad Guptas@Hari Shankar Kumar Son of Virendra Prasad Gupta
3. Virendra Prasad Gupta son of late Roop Narayan Prasad Gupta All Residents of Ward No.; 13 P.S. - Sheohar, District Sheohar. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Manika Devi Wife of Ravi Shankar Prasad Gupta Presently Residing with her Father Bechu Prasad Gupta of Ramanagar Bhutah, P.S Harinagar, District- Sunsari, Nepal,.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashhar Mustafa For the Opposite Party/s : Mr. Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-10-2016 Heard learned counsels for the petitioners and the State.
The petitioners being brothers and father of the husband of the informant are apprehending arrest in a case registered for the offences punishable under Sections 498A,323,341 and 354B/34 of the Indian Penal Code and sections 3 and 4 of Dowry Prohibition Act.
The basic accusation is of torture for non fulfillment of dowry demands. It is alleged that the petitioners and others assaulted the informant and tore her
Patna High Court Cr.Misc. No.43664 of 2016 (2) dt.05-10-2016 2/3 clothes with intent to outrage the modesty.
It is submitted by the learned counsel for the petitioners that the marriage of the informant with Ravi Shankar Prasad Gupta on 20.6.2014 is admitted but after few months of marriage the informant started behaving in erratic manner, as a result the informatory petition was filed on behalf of the husband of the informant and father of the husband of the informant before the learned Chief Judicial Magistrate and Sub Divisional Judicial Magistrate.
Thereafter, the matter was reconciled on the undertaking by the informant that she will reside peacefully and ultimately the present case has been lodged maliciously with inordinate delay. Informatory petitions have been brought on record as Annexures 2 and 3. It is further submitted that no injury was caused to the informant. More over, the thrust of accusation is against the husband of the informant.
Considering the aforesaid facts, 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 twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM,
Patna High Court Cr.Misc. No.43664 of 2016 (2) dt.05-10-2016 3/3 Sheohar in connection with Sheohar Mahila P.S. Case No.16 of 2016 subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Anil/- U T