Amichand Patel And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3397 of 2016 Arising Out of PS.Case No. -668 Year- 2015 Thana -BETTIAH TOWN DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Amichand Patel, Son of Asharfi Patel

2. Vidya Devi @ Videya Devi Wife of Amichand Patel Both are resident of Village- Bakalahar Math P.S. Gopalpur, District- West Champaran, Presently residing at Boring Road, Pani Tanki, Block B P.S.- Patliputra Colony, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kumar Veerendra Narayan For the Opposite Party/s : Mr. Manoj Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-01-2016 Heard learned counsels for the petitioners and the State. The petitioners being the parents of the husband of the daughter of the informant are apprehending arrest in a case registered for the offences punishable under Sections 498A, 314 and 316 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 and due to torture, pregnancy of the daughter of the informant got terminated.

It is submitted by learned counsel for the petitioners that similar application was made earlier before the Women's

Patna High Court Cr.Misc. No.3397 of 2016 (3) dt.29-01-2016 2/2 Commission where the accusation of getting the pregnancy terminated has not been levelled. The petitioners claim to be separate from the husband of the daughter of the informant. The thrust of accusation is against the husband of the daughter of the informant who is ready to keep the daughter of the informant as wife with full dignity and honour, statement to that effect has been made in para 7 of the petition which reads as follows:- "That the petitioners have learnt the husband Deepak Kumar Patel was ready to keep his wife with full dignity and love.."

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 C.J.M., Bettiah, West Champaran in connection with Bettiah Town P.S. Case No. 668 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Amrendra/- U T