Rita Devi And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35728 of 2015 Arising Out of PS.Case No. -23 Year- 2015 Thana -MAHILA PS District- GAYA ======================================================
1. Rita Devi, wife of Janardhan Duvey @ Janardan Dubey
2. Janardhan Duvey @ Janardan Dubey
3. Arti Kumari, daughter of Janardhan Duvey @ Janardan Dubey .... .... Petitioner/s
Versus
1. State of Bihar
2. Manjula Devi, daughter of Anil Kumar Tiwari .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bachan Jee Ojha, Advocate For the Opposite Party/s : Mr. Rajiv Nayan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-08-2015 Heard learned counsels for the petitioners and the State.
The petitioners being the parents and sister of the husband of the informant are apprehending arrest in a case registered for the offences punishable under Section 498A/34 of the Indian Penal Code.
The basic accusation is of torture.
It is submitted by learned counsel for the petitioner that the thrust of accusation is against the husband of the informant and the petitioners claim to be separate from the husband of the informant.
It is submitted by learned counsel for the informant that the accusation of torture is against the entire in-laws family.
Patna High Court Cr.Misc. No.35728 of 2015 (2) dt.18-08-2015 2/2 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 Chief Judicial Magistrate, Gaya in connection with Gaya (Mahila) P.S. Case No.23 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.
The bail bonds of the petitioners will be accepted by the learned court below on filing of separate affidavit by each petitioner to the effect that he/she will not interfere into the conjugal life of the informant and her husband and allow the informant to enjoy her share of property in matrimonial house. The said affidavits shall be transmitted by the learned court below to the concerned police station.
(Dinesh Kumar Singh, J) Ashwini/- U T