Patna High CourtCR. MISC./46617/2016bail granted

Shushila Devi And ANR v. The State Of Bihar

2016-10-24Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46617 of 2016 Arising Out of PS.Case No. -70 Year- 2015 Thana -HARLAKHI District- MADHUBANI ======================================================

1. Shushila Devi, wife of Ram Bahadur Mandal

2. Ram Bahadur Mandal, son of Jagdish Mandal .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate For the Opposite Party/s : Mr. Sri Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-10-2016 Heard learned counsels for the petitioners and the State.

The petitioners being parents of the husband of the informant are apprehending arrest in a case registered for the offences punishable under Sections 498A and 379 of the Indian Penal Code.

Basic accusation is of torture for non-fulfillment of dowry demand.

It is submitted by learned counsel for the petitioners that the thrust of accusation is against the husband of the informant. The petitioners are old parents of the husband and claim to be residing separately. The petitioners are ready to allow the informant to enjoy her share of property in the matrimonial house.

Patna High Court Cr.Misc. No.46617 of 2016 (2) dt.24-10-2016 2/2 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 SDJM, Benipatti, Madhubani, in connection with Harlakhi P.S. Case No.70/2015, 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 informant to 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