Shyam Poddar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17582 of 2017 Arising Out of PS.Case No. -82 Year- 2016 Thana -MAHILA P.S. District- MADHEPURA ======================================================

1. Shyam Poddar Son of Late Laddu Poddar.

2. Amla Devi Wife of Late Laddu Poddar. Both are Resident of VillageParwa Navtol, P.S. Murliganj, District- Madhepura. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Dinesh Prasad Verma For the Opposite Party/s : Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-07-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Mahila (Madhepura) Police Station Case No. 82 of 2016, disclosing offences under Sections 498A/341/323/494/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

The petitioner no. 1 has been described as the husband of the informant and petitioner no. 2 is mother-inlaw of the informant. The petitioners deny that petitioner no. 1 is the husband of the informant. According to them, the informant is the widow of the deceased cousin of petitioner no. 1.

Upon perusal of the First Information Report, I

Patna High Court Cr.Misc. No.17582 of 2017 (4) dt.13-07-2017 2/2 find that the allegation of demand of dowry and torture therefor are quite vague without any reference to the time or place.

Considering the facts and circumstances, this application is allowed.

Let the petitioners, namely, Shyam Poddar and Amla Devi, in the event of their arrest or surrender before the Court below within six weeks, be released on bail 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, Madhepura, in connection with Mahila (Madhepura) Police Station Case No. 82 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √