Dhrupnath Singh @ Dhupnath Singh @ Dup Nath Singh And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31107 of 2016 Arising Out of PS.Case No. -2942 Year- 2015 Thana -SARAN COMPLAINT CASE DistrictSARAN ======================================================

1. Dhrupnath Singh @ Dhupnath Singh @ Dup Nath Singh, S/o Late Suryabali Singh

2. Meera Devi, W/o Dhrupnath Singh @ Shupnath Singh @ Dup Nath Singh Both resident of village-Merahi, P.S.- Hassanpura, District- Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Awadhesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Sri Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-07-2016 Heard learned counsel for the petitioners and the State.

The petitioners being the parents of the husband of the complainant are apprehending their arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 323, 498A of the Indian Penal Code.

The prosecution case is that the husband of the complainant tried to gag the complainant at the instigation of the petitioners. It is also alleged that at earlier point of time the accused persons tried to administer poison to the complainant. It is submitted by the learned counsel for the petitioners that thrust of accusation is against husband of the complainant. The petitioners are still ready to keep the

Patna High Court Cr.Misc. No.31107 of 2016 (2) dt.26-07-2016 complainant and allow her to enjoy her share of property in matrimonial house.

Considering the present stand of the petitioners, let the above named petitioners be released on provisional anticipatory bail for six months in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sri M.P. Yadav, J.M., Saran at Chapra in connection with Complaint Case No. 2942 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The bail bonds of the petitioners shall be accepted on filing the affidavit by each petitioner that they will allow the complainant to enjoy her share of property in the matrimonial house. The learned court below will get the said affidavit transmitted to the concerned local Police Station. The non-compliance of undertaking given in the affidavit will give liberty to the learned court below to cancel the bail bonds of the petitioners.

(Dinesh Kumar Singh, J) P.K./- U T