Prem Choudhary @ Prem Kumar And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1005 of 2016 Arising Out of PS.Case No. -400 Year- 2015 Thana -SIMRI BAKHTIARPUR District- SAHARSA ======================================================
1. Prem Choudhary @ Prem Kumar
2. Mahendra Choudhary.
3. Sangita Devi.
.... .... Petitioner/s
Versus
State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Chandra Mohan Jha For the Opposite Party/s : Mr. Suresh Prasad Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-01-2016 Heard learned counsels for the petitioner and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341, 323 and 498A/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
The basic accusation is of torture for non-fulfillment of the dowry demand and making assault.
It is submitted by learned counsel for the petitioners that due to share dispute, the accusation has been levelled as the petitioners are brother, father and brother's wife of the husband of the informant. The informant has not made her husband as an accused. Earlier also some settlement was made through Gram Panchayat and at earlier point of time, petitioner no.2, father of the husband of the informant filed informatory petition against the
Patna High Court Cr.Misc. No.1005 of 2016 (2) dt.07-01-2016 2/2 informant on 12.08.2013 which has been brought on record as Annexure-3.
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 C.J.M., Saharsa in connection with Bakhtiyarpur P.S. Case No. 400 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Amrendra/- U T