Meena Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41363 of 2016 Arising Out of PS.Case No. -20 Year- 2016 Thana -CHOUTARWA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Meena Devi W/o Raghunath Dubey
2. Mantu Dubey S/o Raghunath Dubey r/o village- Hardi Nawada, P.S.- Chautarwa, Dist.- West Champaran .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhannjay Kumar No 2, Adv. For the Opposite Party/s : Mr. Pranav Kumar. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-09-2016 Heard learned counsels for the petitioners and the State. The petitioners being the mother and younger brother of the husband of the informant are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 498A, 504 and 506/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.
The basic accusation is of torture, making assault and attempting to cause burn injury to the informant. It is submitted by the learned counsel for the petitioners that the accusation is omnibus and general against all the accused persons including the petitioners. Informant has maliciously lodged the present case to grab the share of property of the
Patna High Court Cr.Misc. No.41363 of 2016 (2) dt.21-09-2016 2/2 petitioners. The informant has not made her husband an accused. The injury report as contained in Annexure-2 reflects only defuse swelling on the right eye.
Considering the nature of accusation being omnibus and general against all the accused persons including the petitioners and the accusation not being corroborated by the medical opinion, 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 C.J.M., West Champaran at Bettiah in connection with Choutarwa P.S. Case No. 20 of 2016, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Amrendra/- U T