Abhay Kumar Singh And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46023 of 2016 Arising Out of PS.Case No. -40 Year- 2016 Thana -MAHILA P.S. District- PURNIA ======================================================
1. Abhay Kumar Singh, S/o Kashi Nath Singh
2. Sushma Devi @ Gudiya Devi @ Ganiya, W/o Ajay Kumar Singh Both resident of mohalla-Shivpuri, Bhatta Baazar, P.S.-Sahayak Khajanchi, District- Purnia .... .... Petitioner/s
Versus
State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Samir Kumar, Advocate For the Opposite Party/s : Mr. Sri Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-10-2016 Heard learned counsel for the petitioners and the State.
Petitioner no.1 being the husband of the informant and petitioner no. 2 being the petitioner no.1 brother's wife are languishing in custody since 07.09.2016 in a case registered for the offences punishable under Sections 498A, 307, 323, 341/34 of the Indian Penal Code. The prosecution case is that the informant was married with Abhay Kumar Singh two years prior to the lodging of the case, but subsequently torture was inflicted for non fulfillment of dowry demand. It is alleged that on 10.08.2016 all the accused persons brutally assaulted the
Patna High Court Cr.Misc. No.46023 of 2016 (2) dt.25-10-2016 informant.
It is submitted by the learned counsel for the petitioners that for the actual occurrence of 10.08.2016 the First Information Report was registered on 16.08.2016. Statement has been made in para-6 of the petition that there is no injury report on the record. The accusation is omnibus and general against the petitioners. The impugned order also does not make discussion regarding injury caused to the informant.
Consideration the nature of accusation, let the above named petitioner no. 1 namely Abhay Kumar Singh, be released on provisional bail for two months on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnia in connection with Purnia Sadar Mahila P.S. Case No. 40 of 2016. So far as petitioner no. 2 namely Sushma Devi @ Gudiya Devi @ Ganiya Devi is concerned, she is being a lady, let the above named petitioner no. 2, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnia in connection with Purnia Sadar Mahila P.S. Case No. 40 of 2016. The provisional bail of petitioner no. 1 will be confirmed by the learned court below on verification
Patna High Court Cr.Misc. No.46023 of 2016 (2) dt.25-10-2016 from the record that no grievous injury has been caused to the informant.
(Dinesh Kumar Singh, J) P.K./- U T