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Patna High CourtCR. MISC./52060/2016allowed

Laxmi Saha And ANR v. State Of Bihar And ANR

2016-12-20Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52060 of 2016 Arising Out of PS.Case No. -15 Year- 2016 Thana -MAHILA District- MUNGER ======================================================

1. Laxmi Saha Wife of Late Kanhai Saha,

2. Rakesh Saha Son of Late Kanhai Saha, Both are resident of Village Uttar Balua Char, P.S.- English Bazar, P.O.:- Malda, District- Malda (West Bengal).

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Manisha Kumari, daughter of Sri Gajendra Sah, Resident of Village/Mohalla:- Chhote Daulatpur (Behind Gandhi Pustakalya) P.S.: Jamalpur, District: Munger (Bihar).

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ambika Bhagat For the Opposite Party/s : Mr. Sri Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-12-2016 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners apprehends arrest in connection with Mahila P.S. Case No. 15 of 2016 registered under Sections498A of the Indian Penal Code and sections 3/4 of the Dowry Prohibition Act.

Petitioner no. 1 is the mother-in-law and petitioner no. 2 is the brother-in-law of the informant. The allegation against the petitioners is of torture and assault for non-fulfillment of demand of dowry. Learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.52060 of 2016 (2) dt.20-12-2016 2/2 there is no specific allegation of demand, torture or assault against these petitioners. The allegations are general and omnibus.

Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender within a period of four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Munger in connection with Mahila P.S. Case No. 15 of 2016 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) Manish/- U T