Banarsi Yadav And ANR. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58004 of 2015 Arising Out of PS.Case No. -64 Year- 2015 Thana -SHEKHPURA COMPLAINT CASE DistrictSEKHPURA ======================================================

1. Banarsi Yadav Son of Late Faudi yadav,

2. Anita Devi, Wife of Banarsi Yadav, Both resident of Village - Fatehpur, P.S. - Ariyari, District - Sheikhpura.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Lalita Devi, Wife of Vikas Kumar, Resident of Village Fatehpur, P.S. - Ariyari, District - Sheikhpura.

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

For the Petitioner/s : Mr. Pankaj Kumar, Adv. For the Opposite Party/s : Mr. Khurshid Anwar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-01-2016 Heard learned counsels for the petitioner and the State. The petitioners being the parents of the husband of the complainant are apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A/34 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 complainant never resided at her matrimonial house and she eloped with someone else for which petitioner no.1 lodged Ariyari

Patna High Court Cr.Misc. No.58004 of 2015 (2) dt.04-01-2016 2/2 P.S. Case No. 16 of 2015 on 14.02.2015 levelling accusation under Sections 366A, 498, 323, 372, 504 and 506/34 of the IPC and thereafter the present complaint was filed on 03.03.2015. Considering the case lodged by the petitioners' side at earlier point of time, 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 S.D.J.M., Sheikhpura in connection with Complaint Case No. 64C of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T