Patna High CourtCR. MISC./52056/2016allowed

Banarsi Devi And ORS v. State Of Bihar And ANR

2016-12-22Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.52056 of 2016 (2) dt.22-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52056 of 2016 Arising Out of PS.Case No. -1308 Year- 2014 Thana -MADHUBANI COMPLAINT CASE DistrictMADHUBANI ======================================================

1. Banarsi Devi wife of Sidheshwer Yadav

2. Sideshwer Yadav son of Janki Yadav

3. Sanjay Yadav son of Sidheshwer Yadav &

4. Sunil Yadav son of Sidheshwer Yadav, Resident of village Radhakant, P.S.- Basopatti, District- Madhubani .... .... Petitioner/s

Versus

1. State of Bihar

2. Lalita Kumari wife of Anil Kumar Yadav, resident of villageRadhakant, P.S.- Basopatti, District- Madhubani .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gagan Deo Yadav For the Opposite Party/s :

Mr. Sri Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 22-12-2016 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners apprehend arrest in connection with Complaint Case No. 1308 of 2014 registered under Sections323, 498A, 379, 34 of the Indian Penal Code and sections 3/4 of the Dowry Prohibition Act.

The allegation against the petitioners, who are mother-in-law, Bhaisur and father-in-law of the opposite party no. 2, is of torture cruelty due to non-fulfillment of demand of rupees two lacs.

Learned counsel for the petitioners submits that

Patna High Court Cr.Misc. No.52056 of 2016 (2) dt.22-12-2016 the allegations levelled against the petitioners are general and omnibus. It is further submitted that petitioners are living separately from the husband of opposite party no. 2. 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, Madhubani in connection with Complaint Case No. 1308 of 2014 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) Manish/- U T