Patna High CourtCR. MISC./7405/2016bail granted

Jagar Nath Gupta And ORS. v. State Of Bihar And ANR

2016-02-15Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7405 of 2016 Complaint Case No. -5934 Year- 2015 Thana -NAWADAH COMPLAINT CASE DistrictNAWADA ======================================================

1. Jagar Nath Gupta, son of late Laxmi Prasad

2. Durga Devi, wife of Jagar Nath Gupta

3. Avneet Kumar @ Sahab, son of Jagar Nath Gupta .... .... Petitioner/s

Versus

1. State of Bihar

2. Punam Kumari, wife of Navnit Kumar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gopal Bohra, Advocate For the Opposite Party/s : Mr. Anil Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-02-2016 Heard learned counsels for the petitioners and the State.

The petitioners being parents and brother of the the husband of the complainant is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A, 323, 504 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

Basic accusation of torture for non-fulfillment of dowry demand.

It is submitted by learned counsel for the petitioners that the accusation is omnibus and general against the petitioners and the husband of the complainant has filed Matrimonial Case

Patna High Court Cr.Misc. No.7405 of 2016 (2) dt.15-02-2016 2/2 No.60/2015 with a prayer for divorce on 10.02.2015 and thereafter the present complaint has been filed on 23.03.2015. Moreover, the thrust of accusation is against the husband of the complainant.

Considering the thrust of accusation against the husband of the complainant and filing of matrimonial case at earlier point of time, 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 Judicial Magistrate, 1st Class, Nawada in connection with Complaint Case No.5934/2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T