Smt. Basanti Devi And ORS. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11721 of 2015 Arising Out of PS.Case No. -3138 Year- 2013 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================
1. Smt. Basanti Devi W/o Shiv Shankar Prasad Gupta
2. Kiran Kumari @ Kumari Kiran D/o Shiv Shankar Prasad Gupta null
3. Shiv Shankar Prasad Gupta S/o Late nathuni Gupta All Resident of Village Chhegan Neura, P.O. Jamalabad, P.S. Meenapur, District Muzaffarpur.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Sweety Devi D/o Umesh Kumar Resident of Village & Post Office Bathua Bazar, P.S. Phulwariya, District Gopalganj. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nachiketa Jha For the Opposite Party/s : Mr. J.N. Thakur (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-04-2015 Heard learned counsels for the petitioners, complainant and the State.
The petitioners being mother, sister and father of the husband of the complainant are apprehending arrest in a complaint case in which process has been directed to be issued after cognizance being taken for the offences punishable under Sections 323,498A and 406 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act.
The basic accusation is of torture for non fulfillment of dowry demands.
Patna High Court Cr.Misc. No.11721 of 2015 (2) dt.20-04-2015 2/2 It is submitted by learned counsel for the petitioners that the husband of the complainant filed Matrimonial Suit for restitution of conjugal right prior to the taking of cognizance in the present complaint case and is still ready to keep the complainant as wife with full dignity and honour.
Considering the nature of accusation and submission of learned counsel for the petitioners, 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 twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Gopalganj in connection with Complaint Case No. 3138 of 2013 subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Anil/- U T