Rambha Devi And ORS v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.9290 of 2015 (2) dt.09-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9290 of 2015 Arising Out of PS.Case No. -586 Year- 2014 Thana -COMPLAINT CASE District- BANKA ======================================================

1. Rambha Devi, wife of Mahesh Modi

2. Mahesh Modi, son of Late Baiju Modi

3. Jitendra Barnwal @ Jitendra Modi, son of Mahesh Modi .... .... Petitioner/s

Versus

1. The State of Bihar

2. Soni Devi, wife of Jitendra Barnwal, D/o Arjun Modi .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shree Niwas Singh For the Opposite Party/s : Mr. Renuka Ratnakar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-03-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioner no. 1 is mother in law, petitioner no. 2 is father in law and petitioner no. 3 is husband of the complainant and they apprehend their arrest in connection with Complaint Case No. 586 of 2014 in which cognizance has been taken for the offences punishable under Sections 498 A of the Indian Penal Code and 4 of Dowry Prohibition Act.

From perusal of the impugned order dated 09.09.2014 passed by the learned Sessions Judge, it would appear that learned Sessions Judge directed the petitioners to appear before the court below and to seek regular bail and furthermore, the learned court below was directed to allow the privilege of bail

Patna High Court Cr.Misc. No.9290 of 2015 (2) dt.09-03-2015 to the petitioners taking bonds with or without sureties as per provisions contained in Section 88 of the Cr.P.C. In my view, the petitioners should obey the order of learned Sessions Judge and surrender before the court below in compliance of order passed by learned Sessions Judge. Accordingly, this anticipatory bail petition stands disposed of with direction to petitioners to surrender before the court of Sub Divisional Judicial Magistrate, Banka in connection with Complaint Case No. 586 of 2014 within six weeks from today and seek regular bail and if they do so, the concerned court shall pass appropriate order on the regular bail application of the petitioners on the same day keeping in mind the direction given to court below by the learned Sessions Judge vide order dated 09.09.2014 passed in A.B.P. No. 1898 of 2014. (Hemant Kumar Srivastava, J) SHAHZAD/- U T