Mahendra Roy And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40864 of 2015 Arising Out of PS.Case No. -160 Year- 2014 Thana -KASBA District- PURNIA ======================================================

1. Mahendra Roy, Son of Late Nand Lal Roy

2. Rinki Devi, wife of Mahendra Roy Both residents of Village - Lakhna, P.S. Kasba, District - Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bijendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Amit Kr. Rakesh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 31-08-2015 Heard learned counsels for the petitioners and the State.

Petitioners being brother-in-law and the sister of the husband of the informant are apprehending arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 324, 436, 498A, 504 and 506 of the Indian Penal Code. The basic accusation is of torture and put the house of the informant on fire.

It is submitted by learned counsel for the petitioners that accusation against these petitioners is not specific. Though, accusation of torture for non-fulfillment of dowry demand has been levelled against the entire in-laws family. It is further

Patna High Court Cr.Misc. No.40864 of 2015 (2) dt.31-08-2015 2/2 alleged that moreover, the accusation of putting the house of the informant on fire is against co-accused Sushil Roy and Saken Roy whereas accusation of assaulting the uncle of the informant is against co-accused Pintu and Dhiren. It is further submitted that the petitioners' side at earlier point of time lodged Kasba P.S. Case No.83 of 2014 and Kasba P.S. Case No.159 of 2014 against the informant and her family members.

Considering the fact that the accusation is not specific against these petitioners, 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 Judicial Magistrate, 1st Class, Purnea in connection with Kasba P.S. Case No.160 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T