Gunjan Devi And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38938 of 2016 Arising Out of PS.Case No. -43 Year- 2016 Thana -MAHILA P.S. District- MADHEPURA ======================================================

1. Gunjan Devi wife of Shambhu Mehta @ Shambhu Kumar Mehta

2. Sunita Devi wife of Rambhu Mehta

3. Shambhu Mehta @ Shambhu Kumar Mehta son Late Siyaram Mehta

4. Rambhu Mehta son of Late Siyaram Mehta

5. Shiv Mehta @ Shiv Kumar Mehta @ Shiv Kumar son of Late Siyaram Mehta

6. Anita Kumari daughter of Late Siyaram Mehta .... .... Petitioner/s

Versus

1. The State of Bihar

2. Priyanka Kumari daughter of Bijay Mehta .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Praveen Kumar Agrawal For the Opposite Party/s : Mr. Sri Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-09-2016 Heard learned counsels for the petitioners and the State.

The petitioners being brothers' wives, brothers and sister of the husband of the informant are apprehending arrest in a case registered for the offences punishable under Sections 498A, 341, 323, 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 and made assault to the informant. It is also alleged that the accused persons got the pregnancy of the informant terminated by administering some medicine.

Patna High Court Cr.Misc. No.38938 of 2016 (2) dt.07-09-2016 2/2 It is submitted by learned counsel for the petitioners that the thrust of accusation is against the husband of the informant. The accusation is omnibus and general and the petitioners claim to reside separately from the husband of the informant. Moreover, there is no medical report with regard to termination of pregnancy of the informant.

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 SDJM, Madhepura, in connection with Mahila (Madhepura) P.S. Case No.43/2016, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T