Vinay Srivastava v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51008 of 2022 Arising Out of PS. Case No.-38 Year-2022 Thana- MUFFASIL District- West Champaran ====================================================== 1.

VINAY SRIVASTAVA S/O LATE RAGHUNATH SRIVASTAVA 2.

MEENA DEVI W/O VINAY SRIVASTAVA 3.

CHANDAN SRIVASTAVA S/O VINAY SRIVASTAVA All are Residents of village- Saraiya Tola Chitaha, P.S.- Paharpur, DistrictEast Champaran. 4.

NISHI SRIVASTAVA W/O RAJU SRIVASTAVA Resident of villageSaraiya Tola Chitaha, P.S.- Paharpur, District- East Champaran (address of Naihar), At present resident of Village- Lala Tola Mohammadpur, P.S.- Barauli, District- Gopalganj ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

RIMJHIM SHRIVASTAVA W/O KUNDAN SHRIVASTAVA, D/O ANIL SHRIVASTAVA Resident of village- Saraiya Tola Chitaha, P.S.- Paharpur, District- East Champaran. at present resident of Village- Ganauli, P.S.- Bettiah Muffasil, District- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sachida Nand Rai, Advocate For the Opposite Party/s:

Mr. Narendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-12-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 323, 406 and 498(A) of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

Patna High Court CR. MISC. No.51008 of 2022(2) dt.07-12-2022 2/3 Learned counsel for the petitioners submits that petitioners are persons with clean antecedent. Petitioner no. 1 is the father-in-law, petitioner no. 2 is the mother-in-law, petitioner no. 3 is the brother-in-law (Bhainsur) and petitioner no. 4 is the sister-in-law of the informant. It is further submitted that from perusal of the allegation as alleged in the FIR, it would manifest that the allegation of demand of dowry and torture is general and omnibus in nature. It is next submitted that whenever any dispute arises between the husband and the wife the entire family members are implicated. It is also submitted that it is the duty of the husband to ensure that the wife lives with full dignity and honour.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bettiah

Patna High Court CR. MISC. No.51008 of 2022(2) dt.07-12-2022 3/3 Mufassil P.S. Case No. 38 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T