Mahesh Sah @ Maheshwar Prasad Sah And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40218 of 2016 Arising Out of PS.Case No. -414 Year- 2015 Thana -MADHEPURA COMPALINT CASE DistrictMADHEPURA ======================================================
1. Mahesh Sah @ Maheshwar Prasad Sah S/o Late Ram Prasad Sah
2. Meena Devi W/o Mahesh Sah @ Maheshwar Prasad Sah Both resident of Village- Puraini Bazar, Ward No.-12, P.S.- Puraini, District- Madhepura. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Sangita Devi W/o Rajendra Sah, D/o Ram Bilash Sah, Resident of Village- Puraini Bazar, Ward No. 12, P.S.- Puraini,Distirct- Madhepura, at present Resident of Village- Shekhpur Chaman, P.S.- Uda-Kishunganj, District- Madhepura.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Singh, Adv. For the Opposite Party/s : Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-09-2016 Heard learned counsels for the petitioner and the State. The petitioners being the parents of the husband of the complainant are apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A/34 of the Indian Penal Code.
The basic accusation is of torture for non-fulfillment of the dowry demand. It is also alleged that attempt was made to cause burn injury to the complainant.
It is submitted by the learned counsel for the petitioners that the accusation against the petitioners is omnibus and general
Patna High Court Cr.Misc. No.40218 of 2016 (2) dt.20-09-2016 2/2 and thrust of accusation is against the husband of the complainant. The husband of the complainant is still ready to keep the complainant as wife with full dignity and honour, statement to that effect has been made in para 10 of the petition which reads as follows:- "That it is relevant to mention here that husband of the complainant Rajendra Sah is still ready to keep his wife/complainant with full honour and dignity.....
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 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned JM, 1st Class, Uda Kishunganj, Madhepura in connection with Complaint Case No. 414 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Amrendra/- U T