Patna High CourtCR. MISC./3820/2017allowed

Smt. Prabhawati Devi @ Prabhawati Devi And ORS v. The State Of Bihar

2017-02-15Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3820 of 2017 Arising Out of PS.Case No. -1347 Year- 2016 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ======================================================

1. Smt. Prabhawati Devi @ Prabhawati Devi wife of Sri Bihari Tiwary

2. Jitendra Tiwary son of Sri Bihari Tiwary

3. Smt. Sandhya Devi @ Sandhya Devi wife of Jitendra Tiwary, all resident of village Nenua, P.S.- Dumraon, District- Buxar .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shree Kant Pandey For the Opposite Party/s : Mr. Sri Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 15-02-2017 Heard learned counsel for the petitionersand learned counsel for the State.

Petitioners apprehend arrest in connection with Sasaram (Model) P.S. Case No. 1347 of 2016 registered for the offence under sections 498A, 504, 506/34 of the Indian Penal Code and sections 3/4 of the Dowry Prohibition Act. The allegation against the petitioners is of torture and assault due to non-fulfillment of demand of dowry. Accused persons tried to burn her. Ultimately she was ousted from her matrimonial house keeping her all ornaments, clothes. Learned counsel for the petitioners submits that the allegations levelled are general and omnibus in nature. Informant never wanted to live with her husband and always

Patna High Court Cr.Misc. No.3820 of 2017 (2) dt.15-02-2017 2/2 wanted to live at her Naihar. Husband filed Matrimonial Case No. 280 of 2015 for restitutions of conjugal rights. When notices were issued in the said matrimonial case, the present false and fabricated case has been lodged.

Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender within a period of four weeks from today, are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram Model) P.S. Case No. 1347 of 2016 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) Manish/- U