Lakhpati Devi And ORS. v. The State Of Bihar

Patna High Court Cr.Misc. No.30798 of 2014 (2) dt.14-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30798 of 2014 Arising Out of PS.Case No. -443 Year- 2013 Thana -Motihari Mufasil District- East Champaran (Motihari) ==================================================

1. Lakhpati Devi, wife of Dasai Mahto

2. Pinku Devi, wife of Ramjeet Mahto

3. Mintu Kumari, daughter of Dasai Mahto

4. Riket Kumar @ Riket Mahto, son of Dasai Mahto

5. Satyendra Kumar @ Satyendra Mahto, son of Dasai Mahto All resident of village- Sittalpatti, P.S. - Chiraiya, District - East Champaran.

.... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Nawal Kishor Pd.(APP) ================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 14-01-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

All the petitioners, apprehend their arrest in connection with a case registered for the offence punishable under Sections 498(A)/34 of the Indian Penal Code and 3/4 of the Dowry prohibition Act, are named accused in this case being in-laws of the complainant with allegation of certain demand, torture etc.

Submission is of false implication, in fact, the husband of the complainant intends to resume and continue matrimonial relationship with the complainant and already filed Matrimonial Case no. 291 of 2013 under Section 9 of the Hindu Marriage Act. Taking into consideration all such aspects he is enjoying privilege of bail and the

Patna High Court Cr.Misc. No.30798 of 2014 (2) dt.14-01-2015 petitioners undertake to do all needful so that matter be resolved and relationship be restored. In view of the above, in the event of filing duly verified application before the court below supported with personal affidavit stating all such intentions, in the event of their arrest or surrender before the court below within four weeks, let the petitioners above-named be enlarged on bail on furnishing bail bonds of Rs.

10,000/- (Ten Thousand only) each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Sadar, East Champaran at Motihari, in connection with Motihari Muffasil P.S. Case No. 443 of 2013, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below on each and every date at least for two years or till disposal of the case, whichever is earlier and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled.

Rajeev/- (Akhilesh Chandra, J.) U T