Patna High CourtCR. MISC./36838/2016bail granted

Vijay Laxmi Devi And ORS v. The State Of Bihar

2016-08-24Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36838 of 2016 Arising Out of PS.Case No. -237 Year- 2016 Thana -SIWAN CITY District- SIWAN ======================================================

1. Vijay Laxmi Devi W/o Kaushal Kishor Pathak,

2. Kaushal Kishor Pathak @ Kaushan Kishor Pathak S/o Late Ram Mani Pathak,

3. Vishal Kumar Gaurawa S/o Kaushal Kishor Pathak, All resident of Mohalla- Daulatganj, Mirchai Tola, P.S.- Bhagwan Bazar, District- Saran at Chapra .... Petitioners

Versus

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

For the Petitioners : Mr. Dewendra Narayan Singh, Adv. For the Opposite Party : Mr. Sanjay Kumar Pandey, APP 222 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-08-2016 Heard the learned counsel for the petitioners and the State.

The petitioner, being the husband of the informant, apprehending his arrest in a case registered under Sections 498A and 34 of the Indian Penal Code and 3 and 4 of the Dowry Prohibition Act.

The basic accusation is of torture for non-fulfillment of dowry demand.

It is submitted by the learned counsel for the petitioners that the petitioners admit the marriage of the informant with their son, Prashank Kumar Gaurav. The accusation against the petitioners is omni bus and general. The thrust of accusation is against the petitioner. The petitioners claimed to be separate from the husband of the informant. The husband of the informant has filed matrimonial suit for restitution of conjugal rite. Considering the allegation and the thrust against the husband of the informant, let the petitioners, above named, be

Patna High Court Cr.Misc. No.36838 of 2016 (2) dt.24-08-2016 released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Siwan Town P.S. Case No. 237 of 2016 to the satisfaction of the Chief Judicial Magistrate, Siwan, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

(Dinesh Kumar Singh, J) SA/- U √ T √