Birendra Prasad And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20274 of 2016 Arising Out of PS.Case No. -2902 Year- 2015 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================

1. Birendra Prasad son of Late Meghraj Bhagat

2. Gyanti Devi wife of Birendra Prasad Both are residents of Village-Pithauri Guniyar P.S.-Thawe, DistrictGopalganj .... .... Petitioner/s

Versus

1. The State of Bihar

2. Dharmawati Devi wife of Parmatma Prasad, daughter of Awadh Prasad, resident of Village-Pithauri Guniyar P.S.-Thawe, DistrictGopalganj .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Kumar Singh For the Opposite Party/s : Mr. Manish Kr. 2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-05-2016 Petitioners being parents of the husband of the complainant are apprehending their arrest in a complaint case wherein processes were directed to be issued after cognizance being taken 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 nonfulfilment of dowry demand. Though the petitioners failed to talk for settling the issue before learned Court below, but now it is submitted by learned counsel for the petitioners that petitioners are ready to allow the complainant to enjoy her share of property in the matrimonial house.

Patna High Court Cr.Misc. No.20274 of 2016 (2) dt.06-05-2016 2/2 Considering the fact that thrust of accusation is against the husband of the complainant, 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 Judicial Magistrate, 1st Class, Gopalganj in connection with Complaint Case No. 2902 of 2015, Trial No. 560 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 complainant 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