Ram Bandhu Singh And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11510 of 2015 Arising Out of PS.Case No. -1567 Year- 2013 Thana -EAST CHAMPARAN COMPLAINT District- EASTCHAMPARAN(MOTIHARI) ======================================================

1. Ram Bandhu Singh,

2. Awadh Bihari Singh,

3. Poonam Devi .... .... Petitioner/s

Versus

1. State of Bihar,

2. Mala Devi .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Rita Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-03-2015 Heard learned counsels for the petitioner and the State. The petitioners being brother, father and brother's wife are apprehending arrest in a complaint case in which process has been directed to be issued after cognizance being taken for the offences punishable under Sections 323,406,379 and 504 of the Indian Penal Code.

It is alleged that the accused persons, particularly the petitioners, used to misappropriate the money sent by the husband of the complainant and used to demand rupees fifty thousand and motorcycle as dowry.

It is submitted by learned counsel for the petitioners that the complaint was filed with accusation under section 498A IPC

Patna High Court Cr.Misc. No.11510 of 2015 (2) dt.20-03-2015 2/2 but cognizance has not been taken under the said provision. It is further submitted that the accusation is omnibus and general and not making the husband as an accused suggests the malicious intention of the complainant.

Considering the aforesaid facts, 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 twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., East Champaran, Motihari in connection with Complaint Case No. C-1567 of 2013 subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Anil/- U T