Ram Kishori Singh And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 37987 of 2014 Arising out of P. S. Case No. - 115 Year - 2014 Thana - MAHILA P.S. District - BHOJPUR ======================================================
1. Ram Kishori Singh, S/o Late Chandrika Yadav
2. Atrti Devi, W/o Ram Kishori Singh
3. Sonu Kumar, Son of Ram Kishori Singh All resident of Village - Shankardih, Police Station - Koiwar, District - Bhojpur .... .... Petitioners
Versus
1. The State of Bihar
2. Sarita Devi, W/o Abhimanu Singh, Daughater of Ram Shakal Rai Resident of Village - Balban Tola, Police Station - Doriganj, District - Chapra .... .... Opposite Parties ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 20-04-2015 Heard learned counsel for the petitioner no. 1 and learned counsel for the State.
This is a petition for grant of anticipatory bail in a case under Sections 498A, 379 and 34 of the Indian Penal Code.
It is alleged that after the death of the husband of the informant she was subjected to cruelty by the in-laws who are non else than the Debar and father-in-law of the informant. She further alleged that she has been abused, assaulted and ousted from the matrimonial house with her three daughters and she anyhow managed to reach her father's house.
Learned counsel for the petitioner no. 1 submits
Patna High Court Cr.Misc. No.37987 of 2014 (3) dt.20-04-2015 that the petitioner no. 1 is the father-in-law of the informant and he undertakes to give proper and respectable living to the informant and her three daughters in the matrimonial house and shall not subject them to cruelty and ensure education of the children.
Hence, having regard to the facts and circumstances of the case, the petitioner no. 1, who is fatherin-law of the informant, above named, is directed to be released on provisional bail for four months in the event of his arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Bhojpur at Ara in connection with Mahila P.S. Case No. 115 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr. P. C. as well as further condition that the bail bond shall be confirmed by the trial court after having been satisfied that the informant is living in her matrimonial house with full dignity and honour and being maintained in view of the undertaking given by the petitioner no. 1 and further condition that in case of any impediment the trial court shall take into consideration
Patna High Court Cr.Misc. No.37987 of 2014 (3) dt.20-04-2015 and pass order in the light of the provisions of Domestic Violence Act for her right of residence and right of maintenance on any complaint made by the informant. Kundan (Gopal Prasad, J.) U T