Subhash Kumar Tiwari And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20470 of 2015 Arising Out of PS.Case No. -803 Year- 2014 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Subhash Kumar Tiwari, S/o Late Ramanand Tiwari
2. Gaitri Tiwari, W/o Subhash Kumar Tiwari
3. Anuradha Kumari, D/o Subhash Kumar Tiwari All residents of Mohalla- Swami Vivekanand Colony, New Zero Mile, Ahiyapur, P.S-Ahiyapur, District- Muzaffarpur .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mahendra Thakur, Advocate For the Opposite Party/s : Mr. G.S.Gupta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-05-2015 Heard learned counsel for the petitioners and the State.
The petitioners being the parents and unmarried sister of the husband of the informant are apprehending their arrest in a case registered for the offences punishable under Sections 498A, 323, 376/511, 307, 406, 452, 120B/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.
The basic accusation is of torture for nonfulfillment of dowry demand. It is submitted by the learned counsel for the petitioners that specific accusation is against petitioner no. 1 who has made attempt to establish physical relationship with the informant. It is submitted that during investigation only
Patna High Court Cr.Misc. No.20470 of 2015 (2) dt.01-05-2015 case under Section 498A of the Indian Penal Code has been found true. Statement has been made in para-11 of the petition that the husband of the informant is ready to keep the informant as wife with full dignity and honour. Considering the thrust of accusation is against the husband of the informant, let the above named petitioners be released on 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 Chief Judicial Magistrate, East Champaran at Motihari in connection with Town P.S. Case No. 803 of 2014, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.
(Dinesh Kumar Singh, J) P.K./- U T