Patna High CourtCR. MISC./802/2016bail granted

Surendra Rai @ Surendra Ray And ORS v. The State Of Bihar

2016-01-06Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.802 of 2016 Arising Out of PS.Case No. -159 Year- 2015 Thana -SAHEBGANJ District- MUZAFFARPUR ======================================================

1. Surendra Rai @ Surendra Ray S/o Anura Rai

2. Gyanti Devi W/o Surendra Rai

3. Suman Kumari @ Suman Ray D/o Surendra Rai

4. Satish Kumar @ Satish Rai @ Satish Ray S/o Surendra Rai All 1 to 4 are resident of village- Chakaiya, P.S.- Tisiauta, District- Vaishali .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Jha, Adv. For the Opposite Party/s : Mr. Shailendra Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-01-2016 Heard learned counsels for the petitioners and the State. The petitioners being the parents, unmarried sister and brother of the husband of the informant are apprehending arrest in a case registered for the offences punishable under Sections 341, 323 and 498A/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

The basic accusation is of torture for non-fulfillment of the dowry demand. The informant was married with one Saket Kumar on 06.06.2010 but Saket Kumar made attempt to throw the baby girl from the roof at Calcutta and thereafter on 25.06.2015, the husband of the informant tried to cause burn injury to the informant at her parents' house.

Patna High Court Cr.Misc. No.802 of 2016 (2) dt.06-01-2016 It is submitted by learned counsel for the petitioners that as per own admission of the informant, she used to reside with her husband at Calcutta whereas the petitioner used to reside at native place when thrust of accusation is against the husband of the informant.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, West Muzaffarpur in connection with Sahebganj P.S. Case No. 159 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Amrendra/- U T