Patna High CourtCR. MISC./48154/2016bail granted

Rinku Devi And ORS v. The State Of Bihar

2017-01-23Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48154 of 2016 Arising Out of PS.Case No. -235 Year- 2016 Thana -HAJIPUR SADAR District- VAISHALI (HAJIPUR) ======================================================

1. Rinku Devi D/o Sri Bishun Sah

2. Savita Devi W/o Bishun Sah

3. Bishun Sah S/o Late Chintawan Sah All resident of Village- Subhai Mishri Tola and P.S.- Hazipur Sadar, District- Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vivek Anand Kumar, Advocate. For the Opposite Party/s : Mr. Iftekhar Mahmood, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-01-2017 Heard learned counsel for the petitioners and the State.

The petitioners seek anticipatory bail in a case instituted for the offence under Sections 498A, 376, 307, 379/34 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act.

It is alleged that the informant Putul Kumari was married with Rajesh Kumar @ Guddu on 6.7.2013 according to Hindu rites and customs. After marriage, she was tortured by her in-laws in various ways for demand of dowry. It is also alleged that in absence of the informant's husband, co-accused Rakesh

Patna High Court Cr.Misc. No.48154 of 2016 (5) dt.23-01-2017 2/2 Kumar @ Laddu who happens to be her Dewar established illicit relationship with her. It is alleged that on 29.6.2016 the informant was physically assaulted by Rakesh Kumar with knife on account of which she sustained injuries on her person. It has been submitted that the petitioners are Nanad and parents-in-law of the informant. From the written report itself it appears that there is no specific overt act alleged against the petitioners.

Considering the aforesaid facts and circumstances of the case, let the petitioners in the event of surrender, named above, within six weeks from the date of receipt of this order, in connection with Hajipur Sadar P.S. Case No. 235 of 2016, shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

(Sanjay Priya, J) S.Ali/- U T