Raj Kumar Ram And ORS. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29470 of 2014 Arising Out of PS.Case No. -2491 Year- 2013 Thana -SIWAN COMPLAINT CASE DistrictSIWAN ======================================================

1. Raj Kumar Ram son of Munnilal Ram.

2. Munni Lal Ram son of late Dharichhan Ram.

3. Makhan Devi wife of Munni Lal Ram All resident of village - Bhada Kala, P.S. Siwan Muffasil, District - Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Neha Devi wife of Raj Kumar Ram, Daughter of Bigu Ram resident of Village - Danauti, P.S. Daraunda, Distt - Siwan. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Javed Aslam For the Opposite Party/s : Mr. Raj Kishore Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 22-06-2015 Heard Counsel for the petitioners and learned APP for the State.

The petitioners herein are the husband, father-in-law and mother-in-law respectively of the complainant. They apprehend their arrest in Complaint Case No. 2491 of 2013 instituted under Sections 498A, 406 and 324/34 of the Indian Penal Code. The allegation is that the complainant was tortured by the family members of the husband of the complainant on account of non-fulfilment of dowry. Counsel for the petitioners, drawing attention to Annexure-2, submits that the complainant had earlier made a ferdbeyan in which she has not alleged against the husband regarding putting her on fire. A different story was spelled out.

Patna High Court Cr.Misc. No.29470 of 2014 (5) dt.22-06-2015 2/2 Subsequently, the complaint was lodged after few weeks. Under the facts and circumstances of the case, I am inclined to privilege them with anticipatory bail. In the event of arrest or surrender in the Court below within four weeks, the petitioners abovenamed are directed to 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 Chief Judicial Magistrate, Siwan in Complaint Case No. 2491 of 2013 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions: (i) One of the bailers shall be the own/close family members of the petitioners.

(ii) In case of framing of charge, the petitioners will appear in person on each and every date fixed in the Court below. In case of default in doing so on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioners and secure their arrest in accordance with law.

(Kishore Kumar Mandal, J) Pankaj/- U T