Sonelal Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17195 of 2017 Arising Out of PS.Case No. -76 Year- 2016 Thana -SHYAMPUR BHATHA District- SHEOHAR ======================================================

1. Sonelal Singh son of Late Parichhan Singh

2. Basanti Devi wife Sonelal Singh Both residents of village - Jhitkahi, P.S. - Shyampur Bhathan, District - Sheohar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ganesh Prasad Singh For the Opposite Party/s : Mr. Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-07-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Shyampur Bhatha Police Station Case No. 76 of 2016, disclosing offences under Sections 498A and 494 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

The petitioner no. 1 is the father-in-law and petitioner no. 2 is the mother-in-law of the informant. The matrimonial discord appears to be the root cause of lodging of the complaint petition.

The Courts have taken judicial notice of the fact that family members of the husband are implicated in order to create pressure on the husband and his family members. There is no reason for this Court to feel that if

Patna High Court Cr.Misc. No.17195 of 2017 (4) dt.13-07-2017 2/2 granted anticipatory bail, the petitioners shall flee from the course of investigation or trial.

Considering the nature of accusation and submissions advanced on behalf of the petitioners, this application is allowed.

Let the petitioners, namely, Sonelal Singh and Basanti Devi, in the event of their arrest or surrender before the Court below within six weeks, be released 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 Sri Sushil Prasad, learned Judicial Magistrate, 1st Class, Sheohar, in connection with Shyampur Bhatha Police Station Case No. 76 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √