Ashok Thakur And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 49285 of 2016 Arising Out of PS.Case No. -56 Year- 2015 Thana -MADHEPURA COMPALINT CASE DistrictMADHEPURA ======================================================
1. Ashok Thakur S/O- Late Bindeshwar Thakur
2. Munni Devi W/O- Ashok Thakur
3. Dhiraj Kumar @ Dhiraj Kumar Thakur S/O- Ashok Thakur
4. Khushboo Kumari D/O- Ashok Thakur, All R/O- Moh- Driver Tola, Ward No. 16, P.S.- Katihar, District- Katihar. .... .... Petitioners
Versus
1. The State of Bihar.
2. Anju Devi, D/O- Hareram Thakur, W/O- Sonu Kumar @ Laddu Thakur, R/O- Madhepura, Ward No. 15, Jaipalpatti, P.S. and Distt.- Madhepura. .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Opposite Party/s : Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.
15-12-2016 Heard Sri Sanjeev Kumar Singh, learned counsel for petitioners and learned Addl. Public Prosecutor. Four petitioners, who are father-in-law, mother-inlaw, brother of the husband and sister of the husband of the complainant respectively apprehending their arrest in Complaint Case No. 56 of 2015 registered for offence under Section 498(A) of the Indian Penal Code, have prayed for grant of anticipatory bail.
It was submitted by learned counsel for petitioners that prior to lodging of the complaint case, the husband of the complainant had filed a matrimonial case for restitution of
Patna High Court Cr.Misc. No.49285 of 2016 (2) dt.15-12-2016 2/2 conjugal right and thereafter, the present complaint was filed. It has been argued that there is general and omnibus allegation against the petitioners.
In view of facts and circumstances, particularly the fact that husband of the complainant had earlier filed a case for restitution of conjugal right and petitioners, being in-laws not husband of the complainant, are entitled to be extended the privilege of anticipatory bail.
Accordingly, in the event of arrest or surrender within a period of six weeks from today, let aforesaid four petitioners namely 1. Ashok Thakur, 2. Munni Devi, 3. Dhiraj Kumar @ Dhiraj Kumar Thakur and 4. Khushboo Kumari be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Madhepura in connection with Complaint Case No. 56 of 2015, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Rakesh Kumar, J.) Anay U T