Param Bati Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39217 of 2016 Arising Out of PS.Case No. -147 Year- 2015 Thana -LAUKHA District- MADHUBANI ======================================================
1. Param Bati Devi, Wife of Laxmi Sahai @ Laxmi Mukhiya,
2. Laxmi Sahani @ Laxmi Mukhiya Son of Shri Das Sahani,
3. Shiv Jee Sahani @ Shivjee Mukhiya @ Shibhee Mukhiya Wife of Laxmi Sahani @ Laxmi Mukhiya,
4. Kiran Devi Wife of Shiv Jee Sahani
5. Pukari Devi Daughter of Laxmi Sahani @ Laxmi Mukhiya All Donbari, P.S. Laukaha, District- Madhubani.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-10-2016 Heard learned counsels for the petitioners and the State. The petitioners being mother, father, brother, brother's wife and sister of the husband of the informant are apprehending arrest in a case registered for the offences punishable under Sections 341,323,328,384 and 498A/34 of the Indian Penal Code and sections 3 and 4 of Dowry Prohibition Act. The prosecution case is that the informant submitted a written report before the Officer Incharge of Laukaha police station on 30.7.2015 alleging that she got married with co accused Ram Kumar Sahani in 2013, thereafter the entire inlaws family instigated the husband of the informant to demand dowry of
Patna High Court Cr.Misc. No.39217 of 2016 (3) dt.04-10-2016 2/3 rupees fifty thousand cash and a she-buffalo. On instigation of the inlaws, the husband assaulted the informant, took her RTI on plain paper on 9.7.2015. The accused persons assaulted the informant, administered some intoxicant and thereafter threw her near Patna railway station. Subsequently, the informant found herself into an NGO namely Prayas Bharti Trust when the parents family, namely,the brother and uncle brought the informant to their village. It is submitted by the learned counsel for the petitioners that the accusation is omnibus and general against the petitioners. The accusation is specific against the husband of the informant. It is further submitted that for the occurrence of 9.7.2015 the FIR was registered on 30.7.2015. There is no medical report or injury report of the informant on record.
Mr. J.N. Thakur, learned APP, after going through the case diary, submitted that the investigation conducted so far does not suggest any direct material against the petitioners. He submits that there is no medical/injury report on record. 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
Patna High Court Cr.Misc. No.39217 of 2016 (3) dt.04-10-2016 3/3 satisfaction of learned JM Ist Class, Jhanjharpur, Madhubani in connection with Laukaha P.S. Case No.147 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Anil/- U T