Bhuwaneshweri Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42739 of 2016 Arising Out of PS.Case No. -73 Year- 2016 Thana -MAHILA P.S District- SUPAUL ======================================================
1. Bhuwaneshweri Yadav, son of late Mangain Yadav
2. Sudama Devi, wife of Bhuwaneshweri Yadav
3. Manoj Yadav, son of Bhuwaneshweri Yadav
4. Lalita Devi, wife of Manoj Yadav
5. Sanjan Devi, wife of Bijay Yadav .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kumar Goutam, Advocate For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-09-2016 Heard learned counsels for the petitioners and the State.
The petitioners being the parents, brother and brothers' wives of the husband of the informant are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 315, 498A, 504, 506/34 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 alleged that the parents of the husband of the informant in 2015 administered some medicines for getting the pregnancy of the informant terminated.
It is submitted by learned counsel for the petitioners that the accusation is omnibus and general against the entire in-
Patna High Court Cr.Misc. No.42739 of 2016 (2) dt.28-09-2016 2/2 laws family including the petitioners. So far as accusation of administering some medicine by petitioner nos. 1 and 2 for getting the pregnancy of the informant terminated is concerned, neither there is any medical report to that effect nor the date of such incident has been mentioned in the First Information Report. Moreover, the thrust of accusation is against the husband of the informant, who is in custody.
Considering the thrust of accusation against the husband of the informant, 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 Munsif-cum-Judicial Magistrate, Supaul, in connection with Supaul Mahila P.S. Case No.73/2016, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T