Shubhranjan Kumar Shubham v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39737 of 2019 Arising Out of PS. Case No.-158 Year-2019 Thana- RAJAON District- Banka ====================================================== 1.

SHUBHRANJAN KUMAR SHUBHAM S/o Narayan Hariom 2.

Shail Suta Devi W/o Narayan Hariom. Both R/o village- Rajoun, P.S.- Rajoun, District- Banka ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Tanuja Bharti W/o Shubhranjan Kumar Shubham R/o village- Rajoun, P.S.- Rajoun, District- Banka ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Brij Nandad Prasad, Advocate For the Opposite Party/s :

Mr. Satyendra Prasad, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-01-2020 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 342, 323, 498(A) of the Indian Penal Code and under Section 3⁄4 of the Dowry Prohibition Act.

The matter was sent for mediation which has already failed. Allegation is of demand of dowry and torture for the same. Petitioner no. 2 Sahil Suta Devi is mother-in-law, aged about 63 years.

Hence, let petitioner no. 2 Shail Suta Devi, in the event of her arrest or surrender before the Court below within a

Patna High Court CR. MISC. No.39737 of 2019(4) dt.22-01-2020 2/2 period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Rajoun Police Station Case No.158 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner no. 2 shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner no. 2 and also both the bailors shall be resident of the territorial jurisdiction of the learned court below.

Considering the nature of allegation and responsibility of petitioner no. 1 Shubhranjan Kumar Shubham, who is husband of opposite party no. 2, I am not inclined to enlarge him on anticipatory bail.

In the event of surrender and on prayer for regular bail the same shall be disposed of without being prejudiced by this order.

(Birendra Kumar, J) Niraj/- U T