Gyaneshwar Prasad Srivastava @ Gyaneshwar Pd. Srivastava And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22129 of 2016 Arising Out of PS.Case No. -122 Year- 2016 Thana -GAYA KOTWALI District- GAYA ======================================================
1. Gyaneshwar Prasad Srivastava @ Gyaneshwar Pd. Srivastava S/o Late Jageshwar Prasad Srivastava
2. Gaurav Gyan S/o Gyaneshwar Prasad Srivastava
3. Nirupama Behra @ Nirupma Bohra @ Nirumpa Bohra W/o Gaurav Gyan
4. Manish Kumar @ Manish Kumar Srivastava, S/o Late Ambika Nandan Prasad
5. Garima Srivastva W/o Manish Kumar .... .... Petitioner/s
Versus
1. The State of Bihar
2. Ekta Verma D/o Tarkeshwari Shankar Verma .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bhaskar Shankar, Advocate For the Opposite Party/s : Mr. A.A.Khan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-05-2016 Heard learned counsels for the petitioners and the State.
The petitioners being father, brother, brother's wife, sister and brother-in-law of the husband of the informant are apprehending arrest in a case registered for the offences punishable under Sections 498A, 307 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.
Prosecution case is that informant got married with coaccused Anubhav Gyan Srivastava on 12.02.2015 and thereafter the accused persons demanded rupees five lakhs as dowry before
Patna High Court Cr.Misc. No.22129 of 2016 (2) dt.17-05-2016 2/3 performance of marriage when father of the informant gave rupees two lakhs, but after marriage further demand of rupees three lakhs was made and on non-fulfillment of the same, the informant was subjected to torture by the accused persons. Subsequently, the informant went to her husband's place at Delhi when she found that her husband has some illicit relationship with a junior colleague namely Swati Chauhan when the informant was threatened to give divorce. On protest being made the husband of the informant sent the informant to his sister's house forcibly where she was again tortured by the accused persons and further demand of rupees three lakhs was made by them. It is further alleged that petitioner no.3 Nirupma Behera and petitioner no.5 Garima Srivastava pushed the informant on the ground when petitioner no.4 dragged the informant with a bad intention by catching hold her hair whereas petitioner no.2 made an attempt to kill the informant by causing burn injuries by pouring kerosene oil and litting the fire.
It is submitted by learned counsel for the petitioners that the accusation is omnibus and general against the petitioners. No injury has been caused to the informant and the thrust of accusation is against the husband. Moreover, the petitioners are residing outside the state.
Patna High Court Cr.Misc. No.22129 of 2016 (2) dt.17-05-2016 3/3 Considering the thrust of accusation against the husband of the informant, 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 CJM, Gaya, in connection with Kotwali P.S. Case No.122/2016, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Ashwini/- U T