Anand Thakur And ORS v. State Of Bihar And ANR
Patna High Court Cr.Misc. No.53403 of 2016 (2) dt.20-12-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53403 of 2016 Arising Out of PS.Case No. -54 Year- 2016 Thana -MAHILA PS DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Anand Thakur, S/o Gulli Thakur,
2. Pushpa Thakur @ Pushpa Devi, W/o Anand Thakur,
3. Amit Thakur @ Amit Kumar, S/o Anand Thakur,
4. Jyoti Thakur @ Jyoti Kumari, D/o Anand Thakur, All resident of VillageParsa, P.S.- Manjhaulia, District- East Champaran at Motihari. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Kumari Mitu, W/o Rajesh Thakur, R/o Village- Parsa, P.S.- Majhaulia, District- East Champaran at Motihari.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vinod Gautam For the Opposite Party/s : Mr. Sri Amitesh Kumar For the Informant : Mr. Abhishek Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-12-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
Petitioners are apprehending their arrest in a case instituted for the offences punishable under Sections 341, 323, 328, 313 and 498-A/ 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
Allegation against these petitioners is of torture and cruelty. It is also alleged that the husband of the informant intoxicated her phenyl for abortion and ousted her from her inlaws house.
Patna High Court Cr.Misc. No.53403 of 2016 (2) dt.20-12-2016 Learned counsel appearing for the petitioners submitted that these petitioners are father-in-law, mother-in-law, brother-in-law and sister-in-law of the informant. They are quite innocent and have not committed offence in any manner. The informant does not want to live with her in-law family. The entire case appears to be an outcome of internal dispute between a husband and wife.
Learned A.P.P. has submitted that these petitioners are named in the F.I.R.
Regard being had to the facts and circumstances of the case, this anticipatory bail application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below, within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand rupees only) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-X, East Champaran at Motihari in connection with MahilaP.S. Case No. 54 of 2016, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.
(Arvind Srivastava, J) brajesh/- U T