Sunder Rai @ Suner Rai @ Sunur Rai And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55512 of 2015 Arising Out of PS.Case No. -106 Year- 2015 Thana -MAHILA P.S. District- SIWAN ======================================================
1. SUNDER RAI @ SUNER RAI @ SUNUR RAI
2. Shiv Kumari Devi S/o Sunder Rai
3. Anil kumar Rai@Anil Rai S/o sunder Rai All Resident of villageGajiyapur, P.s Ekma, District Saran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Dubey For the Opposite Party/s : Mr. Nagendra Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-12-2015 Heard learned counsels for the petitioners and the State. The petitioners being parents and brother of the husband of the informant are apprehending arrest in a case registered for the offences punishable under Sections 498A and 323 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 submitted by the learned counsel for the petitioner that the thrust of accusation is against the husband of the informant. Though the marriage between the petitioner and the informant on 23.5.2014 with co accused Subash Rai but the husband of the informant filed Matrimonial Case No. 101 of 2015
Patna High Court Cr.Misc. No.55512 of 2015 (2) dt.08-12-2015 2/2 with the prayer for divorce on 5.5.2015 and thereafter the present complaint was lodged 10.6.2015.
Considering the thrust of accusation against the husband of the informant and filing of matrimonial case at earlier point of time, let the above named petitioner 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) with two sureties of the like amount each to the satisfaction of learned CJM, Siwan in connection with Siwan Mahila P.S. Case No.106 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Anil/- U T