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Patna High CourtCR. MISC./55361/2015bail granted

Ram Janam Singh And ORS v. State Of Bihar And ANR

2015-12-07Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55361 of 2015 Arising Out of PS.Case No. -14552 Year- 2014 Thana -BEGUSARAI COMPLAINT CSAE DistrictBEGUSARAI ======================================================

1. Ram Janam Singh son of Late Daroga Singh

2. Usha Sinha, wife of Ram Janam Singh

3. Raman Kumar, son of Ram Janam Singh

4. Suman Kumar, son of Ram Janam Singh

5. Kumari Seema @ Dolly Kumari, wife of Ram Kumar All resident of Mohalla- Sir Ganesh Dutt Nagar, Road No.2, Fardo Gola, Bhagwanpur Chowk, P.S. Muzaffarpur Sadar, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Bobby Kumari, wife of Pawan Kumar and Daughter of Sri Hari Shankar Prasad Singh, resident of Mohalla- Sarvoday Nagar, Near M.R.J.D. College, P.S. Begusarai Town, P.O. Mirjapur Bandar, District- Begusarai. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar Singh For the Opposite Party/s : Mr. A.K.Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-12-2015 Heard learned counsels for the petitioner and the State. The petitioners being the parents, brothers and brother's wife of the husband of the complainant are apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

The basic accusation is of torture for non-fulfillment of the dowry demand.

Patna High Court Cr.Misc. No.55361 of 2015 (2) dt.07-12-2015 2/2 It appears that the learned Sessions Judge disposed of the anticipatory bail application of the petitioner in view of the ratio Salim Ansare @ Md. Salim Ansare and Others Vs. The State of Bihar & Another reported in 2015 (3) PLJR, 806 (Cr. Misc. No. 51075 of 2014) since only the summons have been issued.

It is submitted by learned counsel for the petitioners that now the warrant of arrest has been issued, statement to that effect has been made in para 7 of the petition, which reads as follows:- "That, it is stated that vide order dated 30.10.2015, the learned court below issued warrant of arrest against the petitioners."

Considering the thrust of accusation against the husband of the complainant, 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 SDJM, Begusarai in connection with Complaint Case No. 14552C of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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