← Library
Patna High CourtCR. MISC./16286/2016bail granted

Devilal Sao And ANR v. The State Of Bihar

2016-04-13Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16286 of 2016 Arising Out of PS.Case No. -24 Year- 2015 Thana -SIRDALA District- NAWADA ======================================================

1. Devilal Sao, son of Late Rewat Sao

2. Mina Devi @ Mina Sao, wife of Devilal Sao Both are resident of Mohalla-32 Vidya Sagar Park, Pir Kukur Road, 6th Lane, Bansdhani, Kolkata, P.S.-Rijent Park, Kolkata in the district/town of Kolkata .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar For the Opposite Party/s : Mr. Jagdhar Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-04-2016 Petitioners being parents of the husband of the informant are apprehending their arrest in a case registered for the offences punishable under Sections 323, 379, 498A, 506 of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act. The basic accusation is of torture for nonfulfilment of dowry demand. It is submitted by learned counsel for the petitioners that petitioners admit marriage of the informant with their son Ajay Gupta in 2008. The husband of the informant has filed Matrimonial Suit No. 2556 of 2014 before learned Principal Judge, Family Court, Alipur, West Bengal on 13.11.2014 and thereafter the present case was registered on 10.02.2015. Earlier also the informant has filed Rijent Park P.S. Case No. 138 of 2014 levelling accusation under Sections 406, 498A, 120B of the Indian Penal Code wherein the

Patna High Court Cr.Misc. No.16286 of 2016 (2) dt.13-04-2016 2/2 petitioners have been granted anticipatory bail. Moreover the thrust of accusation is against the husband of the informant. Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Nawada in connection with Sirdala P.S. Case No. 24 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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