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Patna High CourtCR. MISC./16778/2016bail granted

Parma Yadav And ORS v. The State Of Bihar

2016-04-19Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16778 of 2016 Arising Out of PS.Case No. -26 Year- 2016 Thana -BAIKUNTHPUR District- GOPALGANJ ======================================================

1. Parma Yadav, son of Jhallu Yadav

2. Paspati Devi, wife of Parma Yadav

3. Achhelal Yadav

4. Mukesh Kumar Yadav @ Mukesh Kumar, both sons of Parma Yadav

5. Saroj Devi, wife of Achhelal Yadav

6. Parmila Devi, wife of Jawahar Yadav.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. Madhuri Lata(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-04-2016 Petitioners being parents, brothers and brothers' wives of the husband of the informant are apprehending their arrest in a case registered for the offences punishable under Sections 498A, 341, 323 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 against the petitioners is omnibus and general and the thrust of accusation is against the husband of the informant who is in custody. The petitioners claim to be separate from the husband of the informant. The petitioners are ready to allow the informant to enjoy her share of property in the matrimonial house.

Patna High Court Cr.Misc. No.16778 of 2016 (2) dt.19-04-2016 2/2 Considering the aforesaid facts, 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 Additional Chief Judicial Magistrate, III, Gopalganj in connection with Baikunthpur P.S. Case No. 26 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The bail bonds of the petitioners shall be accepted on filing separate affidavit that they will allow the informant to enjoy her share of property in the matrimonial house. It is expected from the learned Court below to get the said affidavit transmitted to the concerned police station. (Dinesh Kumar Singh, J) Shageer/- U T