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Patna High CourtCR. MISC./27562/2016bail granted

Raj Kumari Devi And ORS v. The State Of Bihar

2016-07-04Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27562 of 2016 Arising Out of PS.Case No. -66 Year- 2016 Thana -MANIGACHI District- DARBHANGA ======================================================

1. Raj Kumari Devi, Ram Sagar Jha

2. Ram Sagar Jha, son of late Ghuran Jha

3. Anand Kumar Jha, son of Ram Sagar Jha .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dharmendra Jha, Advocate For the Opposite Party/s : Mr. Sri Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-07-2016 Heard learned counsels for the petitioners, informant and the State.

The petitioners being parents and brother of the husband of the informant are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 314, 379, 498A, 504, 506, 120B and 3/4 of the Dowry Prohibition Act.

Prosecution case is that the informant Soni Kumari was married with one Viveka Nand Jha in the year 2007. After 11-12 months of the marriage the informant got pregnant and she was being assaulted by her husband, his sister Punam Devi and brother-in-law Shrawan Chaudhary. As a result, her pregnancy got terminated. It is also alleged against the petitioners that the petitioners assaulted the informant with fists and slaps when

Patna High Court Cr.Misc. No.27562 of 2016 (2) dt.04-07-2016 2/2 petitioner no. 3 poured kerosene oil on the body of the informant asked her sister Punam Devi to lit fire but the informant some how saved.

It is submitted by learned counsel for the petitioners that for the initial occurrence of 2007, the FIR was registered in 2016. Admittedly, as per own admission of the informant no injury was caused to her.

It is submitted by learned counsel for the informant that torture was inflicted by these petitioners also. Considering the delayed lodging of the case and no injury was caused to 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, Darbhanga, in connection with Manigachhi P.S. Case No.66/2016, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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