Anita Bhadani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27351 of 2019 Arising Out of PS. Case No.-859 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.

ANITA BHADANI, W/O Shri Mahendra Bhadani Resident of Hilsa, P.S.- Hilsa, District- Nalanda, Presently Residing at Dr. Mahmud Shah Lain, P.S.- Pirbhor, District- Patna.

2.

Mahendra Bhadani @ Mahendra Pd. Bhadani, S/o Late Lakshmi Narayan Ram Resident of Hilsa, P.S.- Hilsa, District- Nalanda, Presently residing at Dr. Mahmud Shah Lain, P.S.- Pirbhor, District- Patna. 3.

Aman Bhadani, S/O Shri Mahendra Bhadani Resident of Hilsa, P.S.- Hilsa, District- Nalanda, Presently Residing at Dr. Mahmud Shah Lain, P.S.- Pirbhor, District- Patna.

... ... Petitioners

Versus

1.

THE STATE OF BIHAR 2.

Sawati Kumari @ Sawati Kutriar, W/o Pius Bhadani, D/o Late Bharat Pd Presently residing at Mohala- Kurmi Tola, Lallu Babu Ka Kucha, P.S.- Chowk, Patna City, District- Patna.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-07-2019 Petitioners seek bail in anticipation of their arrest in connection with Complaint Case No. 859 of 2018 lodged for the offences punishable under Sections 498A, 323, 342, 420, 406, 120B of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act. Allegation against the petitioners, who happen to be mother-in-law, father-in-law and Debar of the

Patna High Court CR. MISC. No.27351 of 2019(4) dt.09-07-2019 2/3 complainant, is of subjecting the complainant to torture with respect to demand.

Submission of learned counsel for the petitioners is that no specific allegation has been attributed against any of the petitioners and moreover husband of the complainant has been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 15.5.2019 in Cr.Misc.No. 21696 of 2019.

Heard learned APP and learned counsel for opposite party No.2, who is submitted that husband has been granted bail on the assurance that he will keep the complainant with dignity and care but he is not keeping her with him.

In view of above facts and circumstances and considering the fact that husband has been granted anticipatory bail, let petitioners, in the event of arrest or surrender before the court below within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty

Patna High Court CR. MISC. No.27351 of 2019(4) dt.09-07-2019 3/3 five thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Patna City, in connection with Complaint Case No. 859 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioners shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned. (Vinod Kumar Sinha, J) spal/- U T