Asha Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39325 of 2016 Arising Out of PS.Case No. -19 Year- 2016 Thana -MAHILA P.S. District- MADHEPURA ======================================================

1. Asha Devi wife of Santosh Prasad Gupta.

2. Munni Devi wife of Pradeep Gupta

3. Geeta Devi wife of Late Gauri Shankar Gupta.

4. Santosh Prasad Gupta son of late Gauri Shankar Gupta.

5. Pradeep Prasad Gupta son of late Gauri Shankar Gupta .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Thakur, Adv. For the Opposite Party/s : Mr. S.M. Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-09-2016 Heard learned counsels for the petitioner and the State. The petitioners being the brothers' wife and brothers of the husband of the informant are apprehending arrest in a case registered for the offences punishable under Sections 498A, 341, 323 and 504/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

The basic accusation is of torture for non-fulfillment of the dowry demand. It is also alleged that on 13.01.2016, the husband of the informant came to the parents' house of the informant and asked her to sign papers for divorce and on refusal of the same, the informant was assaulted by her husband. 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.39325 of 2016 (2) dt.08-09-2016 2/2 The thrust of accusation is against the husband of the informant and petitioners claim to be separate from the husband of the informant. Moreover, there is nothing on record to suggest that the informant has received any injury.

Considering the nature of accusation and thrust of accusation against the husband of the informant, 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 SDJM, Madhepura in connection with Mahila (Madhepura) P.S. Case No. 19 of 2016, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Amrendra/- U T