Mithila Bihari Yadav And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42480 of 2016 ======================================================
1. Mithila Bihari Yadav, son of Late Ram Padarath Yadav
2. Indarasan Devi, wife of Mithila Bihari Yadav, Both Residents of Villlage- ChakMahila, P.S.- Sitamarhi, DistrictSitamarhi. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Sujata Kumari, wife of Varun Kumar Yadav, Resident of VilllageChamahila, P.S.- Sitamarhi, District- Sitamarhi, presently residing with her father Sitaram Rai, of Village- Vishwanathpur, Ward No. 6, P.S.- Dumra, District- Sitamarhi.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashhar Mustafa For the Opposite Party/s : Mr. Sri Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 27-09-2016 Learned counsel for the petitioners is permitted to make necessary correction in the petition. The petitioners being the parents of the husband of the informant are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 498A, 504/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.
Patna High Court Cr.Misc. No.42480 of 2016 (2) dt.27-09-2016 2/3 The basic accusation is of torture for nonfulfillment of the dowry demand. It is also alleged that the marriage of the informant was performed with the son of the petitioners without disclosing the mental abrasion of the husband of the informant and ultimately the informant was assaulted and driven out from the matrimonial house.
It is submitted by learned counsel for the petitioners that due to the atrocious attitude of the informant the husband of the informant had to leave his job and ultimately both agreed to part ways leading to payment of Rs.3.12,000/- by way of deposit in the account of opposite party no. 2 by her husband, but when the informant refused to give divorce, Marriage Dissolution Case No. 45 of 2016 was filed by the husband of the informant on 21.04.2016 and thereafter the present FIR was registered on 18.06.2016.
Considering the thrust of accusation against the husband of the informant and filing of matrimonial suit at earlier point of time, 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 twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of
Patna High Court Cr.Misc. No.42480 of 2016 (2) dt.27-09-2016 3/3 learned Chief Judicial Magistrate, Sitamahri in connection with Sitamarhi Mahila P.S. Case No. 15 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T