Patna High CourtCR. MISC./27689/2016bail granted

Sudamia Devi And ORS v. State Of Bihar And ANR

2016-07-04Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27689 of 2016 Arising Out of PS.Case No. -1890 Year- 2014 Thana -NAWADAH COMPLAINT CASE DistrictNAWADA ======================================================

1. Sudamia Devi wife of Prasadi Rajbanshi

2. Prasadi Rajbanshi, son of late Budhan Rajbanshi

3. Pandit Rajbanshi son of Prasadi Rajbanshi All are resident of village Thakur Asthan Rajgir, Near Shiwala, P.S. Rajgit, District Nalanda at Bihar Sharif .... .... Petitioners

Versus

1. The State of Bihar

2. Bindu Kumari daughter of Shiva Jee Rajbanshi, resident of village Dhamni, P.S. Rajauli, District Nawada .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sheo Kumar Prasad For the Opposite Party/s : Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-07-2016 Heard learned counsel for the parties.

The petitioners being parents and elder brother of the husband of the complainant are apprehending their arrest in a case registered for the offence punishable under section 498A of the Indian Penal Code and 4 of the Dowry Prohibition Act. The accusation is of torture for non-fulfillment of dowry demands.

It is submitted by the learned counsel for the petitioners that the accusation is general and omnibus against the entire inlaws family including the petitioners. Moreover, the thrust of accusation has been levelled against the husband of the

Patna High Court Cr.Misc. No.27689 of 2016 (2) dt.04-07-2016 complainant and the petitioners are living separately from the husband of the complainant.

Considering the aforesaid facts, let the petitioners, abovenamed, in the event of their arrest or surrender before the court below within a period of twelve weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada in Complaint Case No. 1890/2014, 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 by the learned court below on filing of affidavit to the effect that they will not interfere into the conjugal life of the complainant and allow the complainant to enjoy her share of property in matrimonial house. It is expected that the learned court below shall get the said affidavit transmitted to the concerned police station.

(Dinesh Kumar Singh, J) Surendra/- U