Govind Jha And ANR. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51431 of 2014 Arising Out of PS.Case No. -105 Year- 2014 Thana -MAHILA P.S. District- MUZAFFARPUR ======================================================
1. Govind Jha S/o Late Rama Nand Jha
2. Ganesh Jha S/o Govind Jha Both Resident of Village Muraul, P.S. Sakda, District Muzaffarpur.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Pallavi Ratnam W/o Late Shivesh Kumar Pathak and D/o Shri Narayan Chaudhary At present Residing at Mohalla Malighat in front of B.M.P. 6, Panchavali Garden Kanhauli, P.S. Mithanpur, District Muzaffarpur. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Mr. Madhuri Lata(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 06-08-2015 Heard learned counsels for the petitioners and the State.
The petitioners being the sister's husband and sister's son of late husband of the informant are apprehending their arrest in a case registered for the offences punishable under Sections 498A and 376/511 of the Indian Penal Code.
The basic accusation is of torture when it is alleged that the father of the late husband of the informant made an attempt to ravish the informant.
Notices were issued to the informant vide order dated 19.05.2015 but it appears from the office note dated
Patna High Court Cr.Misc. No.51431 of 2014 (03) dt.06-08-2015 2/2 04.08.2015 that notices have been validly served but none is appearing on behalf of opposite party no. 2.
Considering the fact that accusation is not specific against the petitioners, let the above named petitioners be released on anticipatory bail in the event of their 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 learned Sub-divisional Judicial Magistrate (East), Muzaffarpur in connection with Muzaffapur (East) Mahila P.S. Case No. 105 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Considering the fact that informant has lost her husband the bail bonds of the petitioners shall be accepted on filing affidavit before the learned court below that the petitioners will not disturb the informant in enjoying her share of property in the matrimonial house. The said affidavit will be transmitted to the concerned police station.
(Dinesh Kumar Singh, J) DKS/- U T