Dewanti Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29268 of 2016 Arising Out of PS.Case No. -135 Year- 2015 Thana -MAHILA P.S. District- SIWAN ======================================================
1. Dewanti Devi Wife of Ravindra Thakur
2. Manoranjan Kumar Singh @ Laddu Kumar
3. Kundan Kumar Petitioner nos. 2 and 3 sons of Ravindra Thakur .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Advocate For the Opposite Party/s : Mr. Sri Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-07-2016 Heard learned counsels for the petitioners and the State.
The petitioners being the mother and the brothers of the husband of the informant are apprehending arrest in a case registered for the offences punishable under Sections 307, 120B, 380, 498A, 323, 324, 504, 406, 363, 494/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.
Prosecution case is of inflicting torture after 10 years of marriage for non-fulfillment of dowry demand. It is also alleged that the husband of the informant namely Nagmani Thakur, took the son of the informant from the school and confined him when the informant went to get his son released then she was being assaulted by the husband with knife. It is also alleged that the accused persons confined the informant in the cattle-shed and
Patna High Court Cr.Misc. No.29268 of 2016 (2) dt.20-07-2016 2/3 made assault to her after dragging her and snatched her all jewellery.
It is submitted by learned counsel for the petitioners that the accusation is omnibus and general against the entire inlaws family. Though, the specific accusation is against the husband of the informant and accusation of torture for nonfulfillment of dowry demand after 10 years of marriage appears to be unreasonable. Subsequent to the present case the informant lodged Bhagwanpur Hat P.S. Case No.40/2016, under sections 341, 323, 324, 307, 504 and 506/34 wherein the petitioners are on bail. A statement to that effect has been made in paragraph 3 of the petition, which reads as under :- "That, the petitioners after present case one case involved vide Bhawanpur Hat Police Station Case No. 40/2016 under sections 341, 323, 324, 307, 504, 506/34 of Indian Penal Code. They are on bail."
Considering the 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
Patna High Court Cr.Misc. No.29268 of 2016 (2) dt.20-07-2016 3/3 learned SDJM, Siwan, in connection with Mahila P.S. Case No.135/2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Ashwini/- U T