Gora Basfor And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13703 of 2015 Arising Out of PS.Case No. -57 Year- 2014 Thana -MAHILA PS District- GOPALGANJ ======================================================
1. Gora Basfor son of Ashok Basfor,
2. Ashok Basfore son of Chhotan Basfor,
3. Kabutari Devi, Wife of Ashok Basfor
4. Nandu Basfor son of Chhotan Basfor, All 1 to 4 resident of village + P.S.- Vijaeepur, District- Gopalganj .... .... Petitioner/s
Versus
1. The State of Bihar
2. Geeta Devi, Wife of Gora Basfor, Resident of Village + P.S.- Vijaeepur, District- Gopalganj presently residing at Village- Motipur, P.S.- Kateya, District- Gopalganj .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Sanjay Kumar Pandey No-5 For the Opposite Party/s : Mrs. Gulnar Begum (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-05-2015 Heard both sides.
The petitioners apprehend their arrest in a case under Section 498(A) and other sections of the Indian Penal Code and Sections 3 & 4 of the Prohibition of Dowry Act. The petitioner no. 1, namely, Gora Basfor, is the husband of the informant and the petitioners no. 2 to 4, namely, Ashok Basfore, Kabutari Devi and Nandu Basfor are the in-laws of the informant. The informant made allegations of demand of dowry and torture against the petitioners.
Considering the facts aforesaid and the nature of allegations made against the petitioners no. 2 to 4, who are the in-
Patna High Court Cr.Misc. No.13703 of 2015 (2) dt.07-05-2015 2/3 laws of the informant, the above named petitioners no. 2 to 4, in the event of their arrest or surrender in the court below within four weeks from today, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Gopalganj in Gopalganj (Mahila) P.S. Case No. 57 of 2014, corresponding to G.R. No. 4176 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C. So far as the case of petitioner no. 1 is concerned, considering the fact that he is the husband of the informant and is ready to keep his wife, the above named petitioner no.
1 is directed to surrender in the court below within four weeks from today and the court below shall grant provisional bail to the petitioner on furnishing bail bond in the sum of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Gopalganj in Gopalganj (Mahila) P.S. Case No. 57 of 2014, corresponding to G.R. No. 4176 of 2014.
The court below shall also issue notice to the informant and make all efforts for reconciliation of the dispute between the husband and the wife. If the dispute is resolved amicably between the parties, the provisional bail granted to the
Patna High Court Cr.Misc. No.13703 of 2015 (2) dt.07-05-2015 3/3 petitioner shall be confirmed. In case the dispute is not resolved, the court below shall pass orders on the prayer for provisional bail of the petitioner on its own merit in accordance with law. (Prabhat Kumar Jha, J) Dilip/- U T