Bhagmani Devi And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27039 of 2016 Arising Out of PS.Case No. -14 Year- 2016 Thana -MAHILA PS District- GOPALGANJ ======================================================

1. Bhagmani Devi wife of Maniraj Ram

2. Maniraj Ram son of Late Jagdeo Ram.

.... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Uday Pratap Singh For the Opposite Party/s : Mr. Sri Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-06-2016 Heard learned counsels for the petitioner and the State. The petitioners being the parents of the husband of the informant are apprehending arrest in a case registered for the offences punishable under Sections 498A/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The basic accusation is of torture for non-fulfillment of the dowry demand and making attempt to cause burn injury. It is submitted by learned counsel for the petitioners that the petitioners claim to be separate from the husband of the informant. Thrust of accusation is against the husband of the informant. Learned Sessions Judge rejected the anticipatory bail application of the petitioners since reconciliation between the informant and her husband failed and the petitioners did not make any endeavor to get the issue reconciled. The petitioners have no

Patna High Court Cr.Misc. No.27039 of 2016 (2) dt.30-06-2016 2/2 objection in allowing the informant to enjoy her share of property in the matrimonial house.

Considering the aforesaid facts, 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 C.J.M., Gopalganj in connection with Gopalganj (Mahila) P.S. Case No. 14 of 2016, subject to the conditions as laid down under Section 438(2) Cr.P.C. The bail bonds of the petitioners shall be accepted by the learned court below on filing affidavit that they will allow the informant to enjoy her share of property in the matrimonial house. The learned court below will get the said affidavit transmitted to the concerned police station.

(Dinesh Kumar Singh, J) Amrendra/- U T