Patna High CourtCR. MISC./41862/2016bail granted

Naresh Mahto And ORS v. State Of Bihar And ANR

2016-09-23Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41862 of 2016 Arising Out of Complaint Case No. -432 Year- 2015 Thana -MADHEPURA COMPALINT CASE District- MADHEPURA ======================================================

1. Naresh Mahto, son of Upendra Mahto

2. Budarni Devi, wife of Upendra Mahto

3. Kiran Devi @ Bucho Devi, wife of Naresh Mahto .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anuj Kumar, Advocate For the Opposite Party/s : Mr. Sri Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-09-2016 Heard learned counsels for the petitioners and the State.

The petitioners being brother, mother and brother's wife 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 Section 498A/34 of the Indian Penal Code and 4 of the Dowry Prohibition Act.

Basic accusation is of torture for non-fulfillment of dowry demand and withdrawing Rs.2000/- from the account of the complainant after taking her signature forcibly on the cheque book and cutting her hairs.

It is submitted by learned counsel for the petitioners

Patna High Court Cr.Misc. No.41862 of 2016 (2) dt.23-09-2016 2/2 that the accusation against the petitioners is omnibus and general. Moreover, the thrust of accusation is against the husband of the complainant, who has been granted provisional anticipatory bail on readiness to keep the complainant as wife with full dignity and honour.

Considering the accusation being omnibus and general against the petitioners and thrust of accusation against the husband of the complainant, 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 SDJM, Udakishanganj, Madhepura, in connection with Complaint Case No.432/2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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