Rampati Devi And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40847 of 2015 Arising Out of PS.Case No. -1642 Year- 2012 Thana -NAWADAH COMPLAINT CASE DistrictNAWADA ======================================================

1. Rampati Devi W/o Late Narayan Yadav

2. Bipin Kumar S/o Late Narayan Yadav

3. Mina Devi D/o Late Narayan Yadav All are residents of village Dekpura P.S. Rahuee, Distt Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Nilam Kumari W/o Shambhu Yadav resident of village Dekpura, P.S. Rahuee, Distt Nalanda, At present village Simaribigha P.S. Warsaliganj, Dist Nawada.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar Mishra For the Opposite Party/s : Mr. Anuj Kumar Srivastava(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 31-08-2015 Heard learned counsels for the petitioners and the State.

It is submitted by learned counsel for the petitioners that petitioner No. 2 Bipin Kumar has been arrested, hence his application has become infructuous. Accordingly the application with regard to petitioner No. 2 Bipin Kumar is permitted to be withdrawn in connection with Complaint Case No. 1642 of 2012, pending in the Court of learned Chief Judicial Magistrate, Muzaffarpur. Petitioner Nos. 1 and 3 being mother and unmarried sister of the husband of the complainant are apprehending their arrest in a complaint case wherein

Patna High Court Cr.Misc. No.40847 of 2015 (2) dt.31-08-2015 2/2 processes were directed to be issued after cognizance being taken for the offences punishable under Sections 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. The basic accusation is of torture for nonfulfilment of dowry demand. It is submitted by learned counsel for the petitioners that thrust of accusation is against the husband of the complainant who is in custody.

Considering the nature of accusation and the petitioners being lady and unmarried girl, let the petitioner Nos. 1 and 3, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Complaint Case No. 1642 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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