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Patna High CourtCR. MISC./50255/2015bail granted

Rahul Mandal @ Rahul Kumar Mandal And ORS v. State Of Bihar And ANR

2015-11-02Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50255 of 2015 Arising Out of PS.Case No. -108 Year- 2015 Thana -BENIPATTI District- MADHUBANI ======================================================

1. Rahul Mandal @ Rahul Kumar Mandal

2. Kiran Devi.

3. Rohit Kumar Mandal @ Rohit Mandal .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ratanakar Jha, Adv. For the Opposite Party/s : Mr. Murlidhar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-11-2015 Heard learned counsels for the petitioners and the State. The petitioners being the brothers and mother of the husband of the informant are apprehending arrest in a case registered for the offences punishable under Sections 323, 315, 354B, 406 and 498A/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 and getting the pregnancy terminated. It is submitted by learned counsel for the petitioner that during investigation, the accusation of termination of pregnancy has not been found true. The husband of the informant filed Matrimonial Suit No. 52 of 2015 for restitution of conjugal life on 21.02.2015 and thereafter the present FIR has been registered on 16.06.2015 which reached to the court of learned Judicial

Patna High Court Cr.Misc. No.50255 of 2015 (2) dt.02-11-2015 2/2 Magistrate on 25.06.2015 which reflects that by antedating, the FIR has been registered.

Considering the aforesaid facts, 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 J.M., 1st Class, Madhubani in connection with Benipatti P.S. Case No. 108 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Amrendra/- U T