Chandrika Singh And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44758 of 2016 Arising Out of PS.Case No. -181 Year- 2016 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Chandrika Singh
2. Alok Kumar alias Alok Kumar Singh
3. Kumari Savita Singh alias Savita Devi
4. Indu Devi,
5. Avinash Kumar alias Avinash Singh alias Gunjan alias Avnish Kumar
6. Priti Pallav alias Payal Devi .... .... Petitioner/s
Versus
1. State of Bihar,
2. Priya Darshani Kumari .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar Singh For the Opposite Party/s : Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-10-2016 Heard learned counsels for the petitioners and the State. The petitioners being parents, brothers and brother's wife of the husband of the informant are apprehending arrest in a case registered for the offences punishable under Sections 307,313,328,384 and 498A/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 and getting the pregnancy terminated. It is also alleged that attempt was being made by the father in law to throttle the informant.
It is submitted by the learned counsel for the petitioners
Patna High Court Cr.Misc. No.44758 of 2016 (2) dt.17-10-2016 2/3 that major accusation is omnibus and general. Thrust of accusation is against the husband of the informant. The informant, earlier on 31.7.2014, filed a written report before the Superintendent of Police but the same was withdrawn. There is no injury report on record to corroborate the accusation. Statement to that effect has been made in paragraph 7 of the petition which reads as follows: "That there is no any injury repot in the instant complaint petition."
It is further submitted that the sister of the informant namely Reena Singh alias Chandani Singh has also lodged Chakiya P.S. Case No. 210 of 2007 levelling accusation under sections 498A,328,304 and 313/34 IPC against her inlaws which suggests that the informant's family is in habit of lodging such cases.
Considering the accusation being omnibus and general and the submission of learned counsel for the petitioners that there is no injury report on record, 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, East Champaran at Motihari in
Patna High Court Cr.Misc. No.44758 of 2016 (2) dt.17-10-2016 3/3 connection with Chakia P.S. Case No.181 of 2016 subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Anil/- U T