Chanda Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35367 of 2019 Arising Out of PS. Case No.-15 Year-2019 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== 1.
Chanda Devi Wife of Sri Pramod Kumar Singh Resident of Village - Malik Sarai, P.S.- Chainpur, Distirct - Kaimur (Bhabua) 2.
Pramod Kumar Singh Son of Sri Ram Dihal Singh Resident of Village - Malik Sarai, P.S.- Chainpur, Distirct - Kaimur (Bhabua) ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Bechani Devi w/o Suraj Kumar singh D/O of sipahi singh Resident of Mohalla - Malik Sarai , P.S- Chainpur , District- Kaimure (Bhabhua) , At Present Mohalla - suhawal , P.O- Chainpur, P.S - Chainpur, District- Kaimur (Bhabhua) ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Yogendra Kumar For the Opposite Party/s :
Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-06-2019 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for O.P. No. 2. The petitioners who are mother-in-law and father-inlaw respectively of the complainant have preferred this application for grant of anticipatory bail apprehending their arrest in connection with Complaint Case No. 15 of 2019 registered for the offence under Section 498A of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. As per the allegation in the complaint, it is stated that the complainant was married to one Suraj Kumar Singh, son of
Patna High Court CR. MISC. No.35367 of 2019(2) dt.04-06-2019 2/3 petitioners about 1 1⁄2 years back. However soon after the marriage, accused persons started making demand of Hero Honda Motorcycle by way of dowry. There is further allegation of assault and not providing medicine to the complainant and finally on 01.01.2019, she was assaulted and forced out of her matrimonial house. It is further alleged that she received internal injuries.
It is submitted by learned counsel for the petitioners that the allegations are false, concocted and fabricated. The petitioners are old mother-in-law and father-in-law of the complainant, who are separate in mess and business from the husband of the complainant, namely, Suraj Kumar Singh. It is further stated that there is no specific allegation against the petitioners and they are ready to help in resolution of the dispute.
Learned counsel for the complainant submits that from perusal of the complaint it would be evident that the allegation of torture etc. is not only on the husband but on these petitioners also and although the victim is still ready to accompany the husband but it is the petitioners, who are not ready to settle the matter.
Having heard the parties and having gone through the
Patna High Court CR. MISC. No.35367 of 2019(2) dt.04-06-2019 3/3 record, it transpires that the petitioners are mother-in-law and father-in-law of the complainant. So far as husband Suraj Kumar Singh is concerned, it is submitted that he has preferred a separate application for anticipatory bail, which is pending for consideration before this Court. In view of these facts as also the submissions of the parties, both the above named petitioners are directed to surrender in the court below within a period of six weeks from today and in the event of their arrest or surrender, they shall be enlarged on bail on each of them furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhabua at Kaimur in connection with Bhabua (Kaimur) Complaint Case No. 15 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Partha Sarthy, J) sushma/- U T