Smt. Shanti Devi @ Shanti Devi And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46073 of 2015 Arising Out of PS.Case No. -270 Year- 2015 Thana -KADAMKUAN District- PATNA ======================================================

1. Smt. Shanti Devi @ Shanti Devi wife of Chandra Bhushan Sah

2. Sri Chandra Bhushan Sah son of Late Vidya Sagar

3. Santosh Kumar son of Chandra Bhushan Sah All are residents of Mohalla- East Lohanipur, P.S.- Kadamkuan, District- Patna .... .... Petitioner/s

Versus

1. The State of Bihar

2. Moni Devi wife of Pappu Sah D/o Parmeshwar Sah, residents of Mohalla- East Lohanipur, P.S.- Kadamkuan, District- Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Smt. Rina Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-10-2015 The matter has been listed out of turn on the ground of medical urgency of petitioner no.2. A supplementary affidavit to that effect has been filed.

The petitioners being the parents and brother of the husband of the husband of the informant are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 379 and 384 of the Indian Penal Code. The prosecution case is that the informant was married with Papu Kumar on 01.06.2012 but subsequently torture was inflicted leading to registration of Kadamkuan P.S. Case No. 71 of 2015 with accusation under Sections 498A/34 of the IPC wherein

Patna High Court Cr.Misc. No.46073 of 2015 (2) dt.13-10-2015 2/2 the husband of the informant was granted bail on the undertaking to keep the informant as wife with full dignity and honour and thereafter the informant went to her matrimonial house but she found all her belongings missing and on protest being made she was assaulted leading to the registration of present case. It is submitted by learned counsel for the petitioner that the accusation is omnibus and general. Moreover, the present has been lodged with twin purpose, firstly since the petitioners were granted bail in the case earlier lodged by the informant then to harass the petitioner further and secondly since the complainant does not want to reconcile the issued.

Considering the nature of accusation, let the above named petitioner 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) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Patna in connection with Kadamkuan P.S. Case No. 270 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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