Randhir Kumar @ Ranveer Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33616 of 2016 Arising Out of PS.Case No. -85 Year- 2016 Thana -BENA District- NALANDA (BIHARSHARIFF) ======================================================

1. Randhir Kumar @ Ranveer Kumar

2. Nivas @ Rakesh Ranjan Kumar Both sons of Sideshwari Prasad @ Sipahiji resident of Village - Marsua, P.S. - Ben, District - Nalanda.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Satya Prakash For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 09-08-2016 Heard learned counsels for the petitioners and the State.

The petitioner being the brothers of the husband of the informant are apprehending his arrest in a case registered for the offences punishable under Sections 498A, 354A, 379, 341 of the Indian Penal Code and 3/4 of Dowry Prohibition Act. The basic accusation is of torture for nonfulfillment of demand of dowry. It is alleged against the petitioners that they attempted to outrage the modesty of the informant.

It is submitted by learned counsel for the petitioners that the accusation has been levelled against the

Patna High Court Cr.Misc. No.33616 of 2016 (2) dt.09-08-2016 2/3 petitioners since they happen to be brothers of the husband of the informant. They claimed to be separate from the husband of the informant.

A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. Considering the nature of accusation, deliberately the husband has not been made accused and in the background of property dispute the accusation has been levelled when the petitioners are ready to allow the informant to enjoy her share of property in the matrimonial house, let the above named petitioners be released on anticipatory bail provisionally for one year in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Ben P.S. Case No. 85 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The bail bond of the petitioners will be accepted by the learned court below on filing separate affidavit to the effect that they will allow the informant to enjoy her share of

Patna High Court Cr.Misc. No.33616 of 2016 (2) dt.09-08-2016 3/3 property in the matrimonial house. The provisional bail of the petitioners will be confirmed by the learned court below after getting report from the concerned police station about conduct of the petitioners after grant of provisional bail. DKS/ (Dinesh Kumar Singh, J.) U T