Pramada @ Puja v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16905 of 2016 Arising Out of PS.Case No. -854 Year- 2015 Thana -MUNGER COMPLAINT CASE DistrictMUNGER ====================================================== Pramada @ Puja, D/o Sri Arvind Kumar Singh, W/o Shashi Shankar Singh, resident of Saraiya, P.S.- Kathaiya, District- Muzaffarpur .... .... Petitioner/s
Versus
State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prashant Sinha, Advocate For the Opposite Party/s : Mr. Anuradha Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-04-2016 Heard learned counsel for the petitioner and the State.
The petitioner being the sister of the husband of the complainant is apprehending her arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 498A, 420 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.
The basis accusation is of torture for nonfulfillment of dowry demand. It is specifically alleged against the petitioner that she supported the dowry demand of car and assaulted the complainant by pulling her. She also threw hot water on the complainant and kept her starved by not supplying food.
It is submitted by the learned counsel for the petitioner that accusation is omnibus and general against
Patna High Court Cr.Misc. No.16905 of 2016 (2) dt.19-04-2016 entire in-laws family. The petitioner is married sister of the husband of the complainant and residing in Delhi. Moreover, there is no injury report of the complainant on record. At earlier point of time husband of the complainant filed Matrimonial Suit No. 147 of 2015 with a prayer for divorce, thereafter the present complaint has been filed. It is submitted by the learned counsel for the complainant that accusation of torture and assault has been levelled prior to the marriage of the petitioner, but has not denied this fact that there is no injury report of the complainant on record.
Considering the thrust of accusation against the husband of the complainant and the petitioner being a lady, let the above named petitioner be released on bail in the event of her arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger in connection with Complaint P.S. Case No. 854C of 2015, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.
(Dinesh Kumar Singh, J) P.K./- U T