Ramdeo Thakur And ORS. v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.50655 of 2014 (2) dt.07-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50655 of 2014 Arising Out of PS.Case No. -17 Year- 2014 Thana -MAHILA PS District- KHAGARIA ======================================================

1. Ramdeo Thakur son of Kamli Thakur

2. Smt. Pramila Devi wife of Ramdeo Thakur Both R/o vill- Pasraha, P.S.- Pasraha, District- Khagaria

3. Smt. Sita Devi wife of Umesh Thakur, R/o village- Gadiha, P.S.- Mansi, District- KHAGARIA .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mrityunjay Kumar For the Opposite Party/s : Mr. M.K.Nirala(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-05-2015 Heard learned counsel for the petitioners and learned counsel representing the State.

Petitioners apprehend their arrest in connection with Khagaria Mahila P.S. Case No. 17 of 2014 registered for the offences punishable under Section 498A of the Indian Penal Code and Sections 3 / 4 of Dowry Prohibition Act pending before the court of learned S.D.J.M., Khagaria.

The informant was married with Ramanand Thakur, the son of petitioner nos. 1 and 2 in the year 2009 and thereafter, the accused persons started demanding dowry and due to nonfulfillment tortured and assaulted her and lastly, she was ousted from in-laws house and they also kept the elder daughter of the informant and all her belongings.

Patna High Court Cr.Misc. No.50655 of 2014 (2) dt.07-05-2015 Submission is of false implication and that the petitioners are father-in-law and mother-in-law and Nanad having no concern with the family affairs of the informant and her husband and they are living separately and as such, they deserve sympathetic consideration to which the learned APP submits that the petitioners have been given benefit of Section 41 of the Cr.P.C. and there is no apprehension of their arrest. In the facts and circumstances stated above, the petitioners above named are directed to surrender before the court below within two months from the date of receipt/production of a copy of this order and on their so surrendering, they shall be released on bail to the satisfaction of the court below itself, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. Accordingly, this application is disposed of with the aforesaid directions.

(Jitendra Mohan Sharma, J) avin/- U T