Ajay Prasad Singh And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.62786 of 2018 Arising Out of Complaint Case No. C.I. 1594 of 2017 , Tr. No. 2989 of 2018 , VAISALI COMPLAINT CASE District- Vaishali ======================================================
1. Ajay Prasad Singh, son of Late Rajendra Prasad Singh
2. Sudha Devi , wife of Ajay Prasad Singh.
Both resident of Village- Sulabh Sauchalay, Char Fatak Road Mohaddipur, Police Station- Gorakhpur, District- Gorakhpur (U.P.).
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Priya Kumari , wife of Kumar Gaurav, Daughter of Mahesh Sharma, At present resident of Village- Dilawarpur Purvi, P.S.- Bidupur, DistrictVaishali. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Sri Manish Chandra Gandhi For the Opposite Party/s :
====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 08-10-2018 Heard Sri Manish Chandra Gandhi, learned counsel for the petitioners.
Two petitioners, who are father- in -law and motherin -law of the complainant / opposite party - 2 apprehending their arrest in connection with Complaint Case No. C.I. 1594 of 2017 and Tr. No. 2989 of 2018 , registered for the offence under Section 498(A), 323 of the Indian Penal Code, 1860 and Section 3⁄4 of the Dowry Prohibition Act, 1961, have prayed for grant of bail in the event of their arrest or surrender. It was submitted by learned counsel for the petitioners that mainly accusation has been made against accused husband.
Patna High Court Cr.Misc. No.62786 of 2018(2) dt.08-10-2018 2/2 Considering the nature of accusation as well as the fact that petitioners are father- in -law and mother- in- law of the complainant not husband of the complainant, there is no reason to refuse the prayer for grant of anticipatory bail. Accordingly, in the event of their arrest or surrender within a period of six weeks from today, let both the petitioners namely : (1) Ajay Prasad Singh; and (2) Sudha Devi be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand ) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Hajipur, Vaishali / concerned court in connection with Complaint Case No. C.I. 1594 of 2017 and Tr. No. 2989 of 2018 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure, 1973.
It is made clear that the husband of the complainant may not get any benefit on the basis of order passed in favour of these petitioners.
(Rakesh Kumar, J) praful/- U