Rohit Sah @ Saw And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8502 of 2016 Arising Out of PS.Case No. -1 Year- 2016 Thana -KALYANPUR District- SAMASTIPUR ======================================================
1. Rohit Sah @ Saw son of Late Jageshwar Sah
2. Manju Devi wife of Rohit Sah @ Saw
3. Heera Sah @ Saw son of Rohit Sah All resident of Village- Koilam, P.S.- Kalyanpur, District- Samastipur.
.... .... Petitioner/s
Versus
1. The State of Bihar
2. Rupam Kumari daughter of Shri Lal Bahadur Sah at present Village- Kusaiya, PS.- Warisnagar, District- Samastipur. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dharmendra Jha, Adv. For the Opposite Party/s : Mr. Rajesh Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-02-2016 It is submitted that petitioner no.1 has already been arrested, hence application with regard to petitioner has become infructuous.
Accordingly, the same is disposed of.
Petitioner nos. 2 and 3 being the mother and brother of the husband of the informant are apprehending arrest in a case registered for the offences punishable under Section 498A 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.
It is submitted by learned counsel for the petitioners that
Patna High Court Cr.Misc. No.8502 of 2016 (2) dt.22-02-2016 2/2 the accusation against the petitioners is omnibus and general and thrust of accusation is against the husband of the informant. Considering the aforesaid facts, let the above named petitioner nos. 2 and 3 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) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Samastipur in connection with Kalyanpur P.S. Case No. 01 of 2016, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Amrendra/- U T