Patna High CourtCR. MISC./9626/2016bail granted

Lakhan Prasad And ORS. v. State Of Bihar And ANR

2016-02-26Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9626 of 2016 Arising Out of PS.Case No. -1946 Year- 2014 Thana -NAWADAH COMPLAINT CASE DistrictNAWADA ======================================================

1. Lakhan Prasad son of Badho Mahto

2. Yogendra Kumar @ Jogendra Prasad, son of Lakhan Prasad

3. Dharmendra Kumar @ Dharmendra Prasad, son of Lakhan Prasad

4. Kailash Devi wife of Lakhan Prasad

5. Mantu Devi @ Mintu Devi wife of Dharmendra Kumar @ Dharmendra Prasad

6. Rinku Devi wife of Yogendra Kumar @ Jogendra Prasad All residents of Village-Thali, P.S.-Govindpur in the district of Nawada.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Boby Devi wife of Mithilesh Prasad @ Mithlesh Kumar, daughter of Shyamdeo Prasad, resident of Village-Bahadurpur, Bhola Bigha, P.S.-Rajauli in the District of Nawada .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Deepak Kumar For the Opposite Party/s : Mr. J.N.Thakur(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-02-2016 Petitioners being parents, brothers and brothers' wives of the husband of the complainant are apprehending their arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code.

The basic accusation is of torture and driven out the complainant from the matrimonial house. It is submitted by learned counsel for the petitioners that thrust of accusation is against the husband of the complainant. The husband of the complainant has filed

Patna High Court Cr.Misc. No.9626 of 2016 (2) dt.26-02-2016 2/2 Matrimonial Suit No. 49 of 2015 with a prayer for divorce. Considering the fact that thrust of accusation is against the husband of the complainant, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, III, Nawada in connection with Complaint Case No. 1946 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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