Satya Narayan Singh And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38991 of 2016 Arising Out of Complaint Case No. -338 Year- 2016 Thana -MADHUBANI COMPLAINT CASE District- MADHUBANI ======================================================
1. Satya Narayan Singh Son of Late Laxmi Singh
2. Shobha Devi Wife of Satya Narayan Singh .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Laxmi Devi Wife of Arvind Kumar Singh and daughter of Late Madan Singh, .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ravindra Kumar Singh, Advocate For the Opposite Party/s : Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-09-2016 Heard learned counsels for the petitioners and the State.
The petitioners being the parents of the husband of the complainant are apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 323, 379, 498A/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
The accusation is of torture for non-fulfillment of
Patna High Court Cr.Misc. No.38991 of 2016 (2) dt.07-09-2016 2/3 dowry demand, made assault and driven out the complainant from the matrimonial house.
It is submitted by learned counsel for the petitioners that the petitioners admit marriage of the complainant with their son Arvind Kumar Singh. The accusation is omnibus and general and they claim to reside separately from the husband of the complainant. They further submit that the husband of the complainant has filed Matrimonial Suit No.145/2016 for restitution of conjugal life. The petitioners have no objection in allowing the complainant to enjoy her share of property in the matrimonial house.
Considering the aforesaid facts, let the above named petitioners 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) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Madhubani, in connection with C.R. Case No.338/2016, subject to the conditions as laid down under Section 438(2) Cr.P.C. The bail bonds of the petitioners will be accepted by the learned court below on filing of separate affidavit by each petitioner to the effect that they will allow the complainant to
Patna High Court Cr.Misc. No.38991 of 2016 (2) dt.07-09-2016 3/3 enjoy her share of property in matrimonial house. It is expected from the learned Court below to get the said affidavits transmitted to the SHO of concerned police station.
(Dinesh Kumar Singh, J) Ashwini/- U T