Santosh Kumar Srivastava @ Santosh Srivastava And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57214 of 2015 Arising Out of PS.Case No. -304 Year- 2015 Thana -SIWAN MUFFASIL District- SIWAN ======================================================
1. Santosh Kumar Srivastava @ Santosh Srivastava.
2. Chandan Srivastava @ Chandan Both sons of Late Singheshwar Prasad Srivastava @ Singheshwar Lal.
3. Mamta Devi @ Mamta Kumari wife of Santosh Kumar Srivastava.
4. Manjula Srivastava @ Manjula Devi wife of Satyendra Kumar Srivastava All resident of Village Bishambherpur, Police Station Siwan Mufasil (Dhanauti O.P) District- Siwan.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar For the Opposite Party/s : Mr. M.Haque(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-12-2015 Heard learned counsels for the petitioners and the State. The petitioners being the brothers, brother's wife of the husband of the informant are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 379 and 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
The basic accusation is of torture for non-fulfillment of the dowry demand.
It is submitted by learned counsel for the petitioners that the accusation against the petitioners is omnibus and general and the husband of the informant has not bee made accused in the
Patna High Court Cr.Misc. No.57214 of 2015 (2) dt.18-12-2015 2/2 present case. It is further submitted that the petitioners are ready to allow the informant to enjoy her share of property in the matrimonial house.
Considering the nature of accusation, 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 C.J.M., Siwan in connection with Siwan Mufassil (Dhanauti O.P.) P.S. Case No. 304 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. The bail bonds of the petitioners shall be accepted by the learned court below on filing separate affidavit by each petitioner before the learned court below to the effect that they will allow the informant to enjoy her share of property in the matrimonial house. The said affidavit will be transmitted to the concerned I.O. by the learned court below.
(Dinesh Kumar Singh, J) Amrendra/- U