Om Prakash Mishra And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.632 of 2016 Arising Out of PS.Case No. -435 Year- 2015 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Om Prakash Mishra Son of Late Raghunath Mishra,

2. Sita Devi, Wife of Om Prakash Mishra,

3. Pratiba Ranjan, Daughter of Om Prakash Mishra, All resident of village - Ajmari P.S. - Banjariya, District - East Champaran.

4. Anil Singh @ Anil Kumar Singh, Son of Surendra Singh, Resident of Village - Belwa Rai, P.S. Turkolia, District - East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Chandeshwar Pandey, Son of Late Sita Ram Pandey, Resident of Village - Baithania, P.S. - Manjhaulia, District - West Champaran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Madan Kumar For the Opposite Party/s : Mr. Awadhesh Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-01-2016 Heard learned counsels for the petitioners, informant and the State.

The petitioners being the parents, sister and maternal uncle of the husband of the informant are apprehending arrest in a case registered for the offences punishable under Sections 323, 342, 498A and 504/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

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

It is submitted by learned counsel for the petitioners that

Patna High Court Cr.Misc. No.632 of 2016 (2) dt.11-01-2016 marriage between the complainant and Prabhat Ranjan is admitted and the thrust of accusation is against the husband of the complainant. Moreover, the petitioners claim to be separate from the husband of the complainant.

It is submitted by learned counsel for the informant that the torture was inflicted by all the in-laws family members. 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 C.J.M., Motihari, East Champaran in connection with Majhaulia P.S. Case No. 435 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Learned counsel for the petitioners is permitted to make necessary correction in the petition.

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