Dhodai Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33187 of 2016 Arising Out of PS.Case No. -12 Year- 2016 Thana -MAHILA P.S. District- BHAGALPUR ======================================================
1. Dhodai Singh,
2. Laxmi Devi,
3. Bhim Singh alias Bhim Kumar
4. Rudal Singh,
5. Nilam Kumari alias Neelam Kumari @ Leelam Kumari
6. Sita Kumar alias Sita Devi
7. Nirjala Singh alias Nirjala Devi alias Nirmala Singh .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra For the Opposite Party/s : Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-08-2016 Heard learned counsels for the petitioners and the State.
The petitioners being parents, brothers and sisters of the husband of the informant are apprehending arrest in a case registered for the offence punishable under Sections 498A,307,504 and 506/34 of the Indian Penal Code and sections 3 and 4 of Dowry Prohibition Act.
The basic accusation is of torture for non fulfillment of dowry demands and causing burn injury to the informant.
It is submitted by learned counsel for the
Patna High Court Cr.Misc. No.33187 of 2016 (3) dt.22-08-2016 2/3 petitioners that for the occurrence of 2013 the FIR was registered in 2016. The accusation against the petitioners is omnibus and general. The thrust of accusation is against the husband of the informant. Statement has been made in paragraph 21 of the petition that no injury was caused to the informant which reads as follows:
"That there is no any injury in the body of the informant hence and have no injury report hence no case made out U/s-307 of IPC and other sections are not attracted against the petitioners."
Considering the aforesaid facts, let the above named petitioners be released on provisional anticipatory bail for six months in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned SDJM, Naugachia in connection with Naugachia Mahila P.S. Case No. 12 of 2016 subject to the conditions as laid down under Section 438(2) Cr.P.C.
The learned court below will examine the records and if it is found that no injury was caused to the informant then the provisional bail of the petitioner will be confirmed but if it is
Patna High Court Cr.Misc. No.33187 of 2016 (3) dt.22-08-2016 3/3 found that the informant has received grievous injury then the petitioners will surrender and pray for regular bail. (Dinesh Kumar Singh, J) Anil/- U T