Madan Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 33282 of 2014 Arising out of P. S. Case No. - 45 Year - 2014 Thana - CHIRAIYA District - EASTCHAMPARAN (MOTIHARI) ======================================================

1. Madan Rai, s/o Anutha Rai

2. Indra Mala Devi, d/o Madan Rai

3. Urmila Devi, w/o Madan Rai, resident of village - Godiya Haraz P.S. - Shikarganj , District - East Champaran, Motihari .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Pandey, Advocate For the Opposite Party/s : Mr. A. Haque Sahara, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 06-02-2015 Heard learned counsel for the petitioners and learned counsel for the State.

This is a petition for grant of anticipatory bail in a case under Section 498A/34 of the Indian Penal Code. The petitioners are the father-in-law, Nanad and mother-in-law of the informant. The first husband of the informant died and thereafter she was married with her Dewar. There is allegation of demand of dowry and on nonfulfilment of the same, subjecting to cruelty and informant was ousted from her in-laws house.

Learned counsel for the petitioners submits that the informant wants to transfer the share in her name but the in-laws wanted to transfer the share in the name of their grandson so the case has been filed. However, the allegation is

Patna High Court Cr.Misc. No.33282 of 2014 (2) dt.06-02-2015 otherwise.

Hence, having regard to the facts and circumstances of the case, the petitioners, above named, are directed to be released on provisional bail for three months in the event of their arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Sikrahana, Motihari, East Champaran in connection with Chiraiya (Sikarganj) P.S. Case No. 45 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr. P. C. as well as further condition that the petitioners either pay Rs.

2500/- per month or will keep the informant if she so desires to live in the house or give her share in the property to the satisfaction of the learned Court or till her share to the satisfaction of the learned Court is given the petitioners shall pay maintenance to the satisfaction of the learned Court and on compliance of the condition the learned Court shall confirm the provisional bail granted to the petitioners. Kundan (Gopal Prasad, J.)