Narayan Mahto And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32396 of 2016 Arising Out of PS.Case No. -8 Year- 2016 Thana -SIMRA District- AURANGABAD ======================================================

1. Narayan Mahto, son of late Raghunath Mahto

2. Panna Devi, wife of Narayan Mahto,

3. Sudha Devi, wife of Mukesh Mahto @ Raj Kumar Mahto, daughter of Narayan Mahto .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Birendra Kumar Singh For the Opposite Party/s : Mr. Sri Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-08-2016 Heard learned counsels for the petitioners and the State.

The petitioners being the parents and married sister of the husband of the informant are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 379, 498A, 504 and 34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

Basic accusation is of torture for non-fulfillment of dowry demand and driving out the informant from the matrimonial house. It is also alleged that on 02.03.2016, when the informant went to her in-laws house along with her father, the accused persons abused her and did not allow her to live in the matrimonial house.

Patna High Court Cr.Misc. No.32396 of 2016 (2) dt.02-08-2016 2/3 It is submitted by learned counsel for the petitioners that the accusation is omnibus and general against the entire inlaws family including the petitioners. Moreover, the thrust of accusation is against the husband of the informant. The petitioners are ready to keep the informant with dignity and honour in the matrimonial house. A statement to that effect has been made in paragraph 10 of the petition, which reads as under :- "That the petitioners are always ready to keep her with full dignity, love and affection in their house."

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 learned CJM, Aurangabad, in connection with Simra P.S. Case No.8/2016, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The bail bonds of the petitioners shall be accepted by the learned court below on filing of separate affidavit to the effect that they will allow the informant to enjoy her share property in matrimonial house. It is expected that the learned

Patna High Court Cr.Misc. No.32396 of 2016 (2) dt.02-08-2016 3/3 Court below shall get the said affidavits transmitted to the concerned police station.

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