Patna High CourtCR. MISC./7464/2016bail granted

Birdra Manjhi And ORS v. State Of Bihar And ANR

2016-02-15Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7464 of 2016 Complaint Case No. -2956 Year- 2014 Thana -SIWAN COMPLAINT CASE District- SIWAN ======================================================

1. Birendra Manjhi Son of Adalat Manjhi

2. Nirmala Devi Son of Birendra Manjhi

3. Kanchan Kumari Daughter of Birendra Manjhi .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Anju Devi Wife of Bhola Manjhi, Daughter of Yogendra Manjhi .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raghav Prasad, Advocate For the Opposite Party/s : Mr. Sanjay Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-02-2016 Learned counsel for the petitioners is permitted to make necessary correction in the petition.

Heard learned counsels for the petitioners and the State.

The petitioners being parents and sister of the husband of the complainant is 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 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

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

It is submitted by learned counsel for the petitioners

Patna High Court Cr.Misc. No.7464 of 2016 (2) dt.15-02-2016 2/2 that the thrust of accusation is against the husband of the complainant and the accusation against the petitioners is omnibus and general. Moreover, the petitioners claim to be separate from the husband of the complainant.

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., Siwan in connection with Complaint Case No.2956/2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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