Shiv Kumari Devi And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.51731 of 2016 (2) dt.19-12-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51731 of 2016 Arising Out of PS.Case No. -10 Year- 2016 Thana -MAHILA P.S. District- SHEOHAR ======================================================
1. Shiv Kumari Devi, W/o Paras Sharma
2. Paras Sharma, S/o Raja Thakur Both resident of Village- Manpura, P.S.- Baruraj, District- Muzaffarpur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amit Kumar Rakesh For the Opposite Party/s : Mr. Sri Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-12-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
Petitioners are apprehending their arrest in a case instituted for the offences punishable under Sections 498-A, 323, 506/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
Allegation against these petitioners is of demand of dowry subjected to torture and cruelty.
Learned counsel appearing for the petitioners submitted that these petitioners are father-in-law and mother-inlaw of the informant. Petitioners are quite innocent and have not committed offence in any manner. There is no specific allegation against these petitioners rather they have falsely been implicated
Patna High Court Cr.Misc. No.51731 of 2016 (2) dt.19-12-2016 in this case by the informant in order to harass them. This case appears to be a counter case as the husband of the informant filed a case under Section 9 of the Hindu Marriage Act for restitution of conjugal right.
Learned A.P.P. has submitted that these petitioners are named in the F.I.R.
Considering the facts and circumstances of the case, this anticipatory bail application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below, within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand rupees only) each with two sureties of the like amount each to the satisfaction of learned Chef Judicial Magistrate, Sheohar in connection with Sehohar Mahila P.S. Case No. 10 of 2016, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.
(Arvind Srivastava, J.) Brajesh/- U T