Patna High CourtCR. MISC./40805/2014disposed

Bishnudeo Rai And ORS v. The State Of Bihar

2015-04-01Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40805 of 2014 Arising Out of PS.Case No. -238 Year- 2014 Thana -BANKA District- BANKA ======================================================

1. Bishnudeo Rai son of Ramraksha Rai

2. Prabha Devi @ Prabha Rai, wife of Bishnudeo Rai

3. Shashi Kumar Sudhanshu @ Rai son of Bishnudeo Rai

4. Sangita Sudhanshu, wife of Shashi Kumar Rai, All residents of Khalifabagh, P.S.- Adampur (Kotwali), District- Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Madhukar Mishra For the Opposite Party/s : Mr. Ajay Kumar-Ii(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-04-2015 Heard both sides.

The petitioners, four in number, apprehend their arrest in Barahat P.S. Case No. 238/14 under section 498A and other sections of the Indian Penal Code.

The informant-wife Mamta Devi made omnibus and general allegation of demand of dowry and torture against the petitioners.

It is submitted that the marriage was solemnized about 8 1⁄2 years ago and the informant has got two children.

Patna High Court Cr.Misc. No.40805 of 2014 (2) dt.01-04-2015 2 / 2 On the other hand, learned counsel for the informant has submitted that the petitioners are also alleged to have assaulted the informant.

It appears that omnibus allegation of assault has been made against the petitioner, and that too after more than 8 1⁄2 years of marriage.

Considering the aforesaid facts and the fact that the petitioners are in-laws of the informant, it is directed that in the event of arrest or surrender in the court below within four weeks from the date of receipt/production of a copy of this order, the above named petitioners shall be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand)each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Banka, in connection with Barahat P.S. Case No. 238/14, subject to the conditions as laid down under section 438(2) Cr.P.C.

(Prabhat Kumar Jha, J) B.Roy/- U