Ramugrah Paul And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37960 of 2016 Arising Out of PS.Case No. -168 Year- 2015 Thana -MAIRWA District- SIWAN ======================================================
1. Ramugrah Paul Son of Late Laxmi Paul
2. Rabari Devi Wife of Ramugrah Paul
3. Pankaj Paul @ Pankaj Pal Son of Ramugrah Paul
4. Bibha Kumari @ Bina Kumari Daughter of Ramugrah Paul
5. Asha Devi wife of Rajesh Paul .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Guddi Devi D/o Jainan Paul .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Pandey, Advocate For the Opposite Party/s : Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 31-08-2016 Heard learned counsels for the petitioners and the State.
The petitioners being parents, brother, married and unmarried sister of the husband of the informant are apprehending arrest in a case registered for the offences punishable under Sections 498A, 320, 323, 324, 406, 506, 499 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. Basic accusation is of torture for non-fulfillment of dowry demand. It is also alleged that the accused persons after
Patna High Court Cr.Misc. No.37960 of 2016 (2) dt.31-08-2016 2/3 snatching all the belongings from the informant driven out her from the matrimonial house.
It is submitted by learned counsel for the petitioners that accusation is omnibus and general against the petitioners. Moreover, the thrust of accusation is against the husband of the informant, who has been granted provisional anticipatory bail vide Criminal Miscellaneous No.37589/2016, on readiness to keep the informant as wife with full dignity and honour. The petitioners have also no objection in allowing the informant to enjoy her share of property in the matrimonial house. 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 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 ACJM-III, Siwan, in connection with Mairwa P.S. Case No.168/2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.
The bail bonds of the petitioners will be accepted by the learned court below on filing of separate affidavit by each petitioner to the effect that they will allow the informant to enjoy her share of property in the matrimonial house. It is expected from
Patna High Court Cr.Misc. No.37960 of 2016 (2) dt.31-08-2016 3/3 the learned Court below to get the said affidavits transmitted to the SHO of concerned police station.
(Dinesh Kumar Singh, J) Ashwini/- U T