Mahendra Sao @ Mahendra Sah And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39120 of 2015 Arising Out of PS.Case No. -1398 Year- 2013 Thana -NAWADAH COMPLAINT CASE DistrictNAWADA ======================================================

1. Mahendra Sao @ Mahendra Sah Son of Late Rewt Sah,

2. Kari Devi, Wife of Mahendra Sao, Both resident of village - Kumaitha, P.s. Halsi District - Lakhisarai.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sinku Devi, Wife of Birju Sao @ Brij Nandan sao, resident of village Kumaitha, P.s. Halsi District - Lakhisarai at present D/o Baleshwar Sao resident of Shekhodaura, P.s. - Kauakol District - Nawada. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhavesh Kumar For the Opposite Party/s : Mr. J.N.Thakur(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-08-2015 Heard learned counsels for the petitioners and the State.

Petitioners being parents of the husband of the complainant are apprehending their arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Sections 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

The basic accusation is of torture for nonfulfilment of dowry demand. It is submitted by learned counsel for the petitioners that marriage of the complainant to the son of the petitioners was performed on 15.06.2009 and the accusation of

Patna High Court Cr.Misc. No.39120 of 2015 (2) dt.27-08-2015 2/2 demand of dowry after four years of marriage has been levelled. Considering the thrust of accusation against the husband of the complainant, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Nawada in connection with Complaint Case No. 1398 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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