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Patna High CourtCR. MISC./33120/2019bail granted

Usha Devi v. The State Of Bihar

2019-05-21Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 33120 of 2019 Arising Out of PS. Case No.-95 Year-2018 Thana- MAHILA P.S. District- Rohtas ====================================================== 1.

Usha Devi W/o Jaleshwar Sah @ Jaleshwar Sahu, R/o village- Chawar Takiya, P.S.- Sasaram (T), District- Rohtas 2.

Jaleshwar Sah @ Jaleshwar Sahu S/o Late Ganga Shah, R/o village- Chawar Takiya, P.S.- Sasaram (T), District- Rohtas ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nilam Devi D/o Vishwanath Sah, R/o village- Nawadih, P.S.- Indrapuri, District- Rohtas ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Kant Singh For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-05-2019 Heard both sides.

Petitioners apprehend their arrest in Mahila P.S. Case No.95 of 2018 registered under Sections 498(A), 341, 323, 406 and 34 of the Indian Penal Code and under Section 3⁄4 of the Dowry Prohibition Act.

The informant made allegation against her husband and other in-laws that immediately after marriage her husband and father-in-law, mother-in-law and other in-laws subjected her to all sorts of torture due to non-fulfillment of additional demand of dowry. The accused persons furnished bonds before the police officer for keeping the informant properly in their

Patna High Court CR. MISC. No. 33120 of 2019(2) dt.21-05-2019 2/2 house but behaviour of the accused persons did not change and they all assaulted her.

Learned counsel for the petitioners submits that the petitioners are mother-in-law and father-in-law of the informant. They have no manner of concern with the family affairs of the informant and her husband.

Learned A.P.P. for the State vehemently opposed the prayer for anticipatory bail of the petitioners. Having considered the facts and the nature of allegation made against the petitioners and the fact that the petitioners are mother-in-law and father-in-law of the informant, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Rohtas at Sasaram in connection with Mahila P.S. Case No.95 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

Harish/- (Prabhat Kumar Jha, J) U T