Patna High CourtCR. MISC./13236/2016bail granted

Bhubneshwar Prasad Singh @ Bhulan Singh And ANR. v. The State Of Bihar

2016-03-30Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13236 of 2016 Arising Out of PS.Case No. -176 Year- 2015 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Bhubneshwar Prasad Singh @ Bhulan Singh, son of late Deosharan Singh

2. Meena Devi, wife of Bhuwaneshwar Prasad Singh, both residents of Mohalla-Sir Ganesh Dutt, Road No. 4, P.O.-Kisan Bhawan, Rewa Road, P.S.-Sadar, Bhawanpur, District-Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar Singh For the Opposite Party/s : Mr. Dr. Ajit Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-03-2016 Heard learned counsels for the petitioners, informant and the State.

Petitioners being parents of the husband of the informant are apprehending their arrest in a case registered for the offences punishable under Sections 498A, 506, 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. The basic accusation is of torture for nonfulfilment of dowry demand. It is submitted by learned counsel for the petitioners that accusation is omnibus and general against the entire in-laws family including the petitioners though the thrust of accusation is against the husband of the informant. The husband of the informant has filed Matrimonial Suit No. 308 of 2014 for the restitution of the conjugal right in which

Patna High Court Cr.Misc. No.13236 of 2016 (3) dt.30-03-2016 2/2 the informant appeared before learned Court below but refused to reside with her husband. Moreover the informant and her husband at the relevant time were at Bhagalpur and petitioners were at Muzaffarpur. The petitioners are aged persons and suffering from some ailments.

Considering the fact that thrust of accusation is against the husband of the informant, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Kotwali(Tilkamanjhi) P.S. Case No. 176 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Shageer/- U T