Sandip Patel And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33551 of 2016 Arising Out of PS.Case No. -55 Year- 2015 Thana -MAHILA P.S. District- SARAN ======================================================

1. Sandip Patel.

2. Sumit Patel @ Sumit Kumar @ Sunil Kumar

3. Sanni Patel @ Sanni Kumar Patel.

4. Suraj Patel. All sons of Basant Patel.

5. Nirmala Patel @ Nirmala Devi w/o Late Basant Patel.

6. Neha Patel @ Neha Kumari d/o Late Basant Patel.

7. Anita Patel @ Anita Devi wife of Sandip Patel. All resident of Mohala Purani Gurhati, Sahebganj, Police StationChhapra Nagar, District- Saran (Chhapra). .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar Srivastva, Advocate For the Opposite Party/s : Mr. Sri Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-08-2016 Heard learned counsel for the petitioners and the State.

The petitioners being the brothers, sister, mother and brothers' wife of the husband of the informant are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 498A/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

The basic accusation is of torture for nonfulfillment of dowry demand, making assault and made an attempt to cause burn injury.

Patna High Court Cr.Misc. No.33551 of 2016 (2) dt.09-08-2016 It is submitted by the learned counsel for the petitioners that accusation is omnibus and general against the entire in-laws family, but the thrust of accusation is against husband of the informant. For the occurrence between 18.12.2014 to 22.06.2015 the Complaint was filed on 01.07.2015 which came to be registered as police case under Section 156(3) Cr.P.C. on 11.12.2015. No injury was caused to the informant. The impugned order also does not reflect that any injury has been received by the informant.

Considering the aforesaid facts, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Mahila P.S. Case No. 55 of 2015, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) P.K./- U T