Sahodri Devi And ANR. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11369 of 2016 Arising Out of PS.Case No. -1442 Year- 2014 Thana -WEST CHAMPARAN COMPLAINT District- WESTCHAMPARAN(BETTIAH) ======================================================

1. Sahodri Devi wife of Bishram Pawe

2. Bishram Pawe Son of Late Thagai Pawe Both residents of Matiyariya, P.S. - Matiyariya, District - West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Annu Devi wife of Bhupendra Pawe and Daughter of Suresh Kazi resident of Mahui, P.S. Matiyaria, District West Champaran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Adv. For the Opposite Party/s : Mr. H.A.Khan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-03-2016 Heard learned counsels for the petitioners and the State. The petitioners being the parents of the husband of the complainant are apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code.

The basic accusation is of torture.

It is submitted by learned counsel for the petitioners that the thrust of accusation is against the husband of the complainant and the petitioners have no objection if their son Bhupendra Pawe keeps the complainant with dignity and honour, statement to that

Patna High Court Cr.Misc. No.11369 of 2016 (2) dt.08-03-2016 2/2 effect has been made in para 10 of the petition which reads as follows:- "That the petitioners are separate from co-accused Bhupendra Pawe and they have nothing to do with his family affairs and the petitioners have no objection if co-accused Bhupendra Pawe keeps the complainant as his wife with honour and dignity." It is further submitted that petitioner no.1 filed Complaint Case No. 1416C of 2014 against the complainant and her family members.

Considering the thrust of accusation against the husband of the complainant and the complaint filed by the petitioners' side at earlier point of time, 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 SDJM, Bettiah, West Champaran in connection with Complaint Case No. 1442 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Amrendra/- U T