Patna High CourtCR. MISC./47508/2016bail granted

Nibha Devi And ORS v. The State Of Bihar

2016-10-28Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47508 of 2016 Arising Out of PS.Case No. -103 Year- 2016 Thana -BENA District- NALANDA (BIHARSHARIFF) ======================================================

1. Nibha Devi

2. Om Prakash Prasad

3. Priyanka Devi

4. Rajmani Devi

5. Umesh Prasad .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jayram Sharma For the Opposite Party/s : Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-10-2016 Heard learned counsels for the petitioners and the State. The petitioners being parents, sister in law, cousin sister and brother in law of the husband of the informant are apprehending arrest in a case registered for the offences punishable under Sections 498A,313,354B and 120B of the Indian Penal Code.

The prosecution case is that the informant was married with Rabikant Prasad in 2013 but few months after the marriage the torture was inflicted for non fulfillment of further dowry demands of rupees one lac rupees cash and motocycle. Due to brutal assault by other family members and the husband the pregnancy of the informant got terminated. It is further alleged

Patna High Court Cr.Misc. No.47508 of 2016 (2) dt.28-10-2016 2/2 that co accused Shashikant Prasad, brother of the husband of the informant tried to ravish the informant.

It is submitted by the learned counsel for the petitioners that the accusation against the petitioners is omnibus and general and the petitioners claim to be separate from the husband of the informant. Thrust of accusation is against the husband of the informant.

Considering the thrust of accusation against the husband of the informant, 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 twelve 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 ACJM I, Nalanda at Biharsharif in connection with Ben P.S. Case No.103 of 2016 subject to the conditions as laid down under Section 438(2) Cr.P.C.

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