Kali Paswan And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.852 of 2016 Arising Out of PS.Case No. -2019 Year- 2014 Thana -NAWADAH COMPLAINT CASE DistrictNAWADA ======================================================

1. Kali Paswan Son of

2. Sabo Devi, W/o Kali Paswan, Both Resident of village- Virnawan, P.s.- Pakribarawan, District- Nawada .... .... Petitioner/s

Versus

1. The State of Bihar

2. Guriya Devi D/o Late Deodas Paswan, wife of Arun Paswan, At present Resident of village- Shahgajipur, P.s. Narhat, District- Nawada .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kishore Thakur, Adv. For the Opposite Party/s : Mr. Dr.Indiwar Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-01-2016 Heard learned counsels for the petitioners and the State. The petitioners being the parents of the husband of the complainant are apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 323 and 498A of the Indian Penal Code.

The basic accusation is of torture.

It is submitted by learned counsel for the petitioner that from the impugned order, it appears that the husband of the complainant is ready to keep the complainant as wife with full dignity and honour and prayer for anticipatory bail of the

Patna High Court Cr.Misc. No.852 of 2016 (2) dt.06-01-2016 petitioner was rejected only on the ground that petitioners failed to submit affidavit that they are ready to keep the complainant with dignity and honour.

Considering the thrust of accusation against the husband of the complainant, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Nawada in connection with Complaint Case No. 2019 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The bail bonds of the petitioners shall be accepted by learned court below on filing separate affidavit by each petitioner that they will allow the complainant to enjoy her share of property in matrimonial house. The said affidavit will be transmitted by learned court below to the concerned I.O.

(Dinesh Kumar Singh, J) Amrendra/- U T