Dev Kali Devi And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27081 of 2016 Arising Out of PS.Case No. -326 Year- 2014 Thana -COMPLAINT CASE District- SHEOHAR ======================================================

1. Dev Kali Devi wife of Vyash Dubey

2. Vyash Dubey son of Bhola Dubey.

3. Sita Devi wife of Vinay Dubey.

4. Vinay Dubey son of Vyash Dubey.

.... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhurendra Kumar, Adv. For the Opposite Party/s : Mr. Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-06-2016 Heard learned counsels for the petitioners and the State. The petitioners being the parents, brother and brother's wife 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 Section 498A of the Indian Penal Code.

The basic accusation is of torture. It is also alleged that the husband of the complainant tried to burn the complainant by the butt of the cigarette.

It is submitted by learned counsel for the petitioner that the daughter of the petitioner nos. 1 and 2, Rekha Devi got married with the brother of the complainant Sunil Pandey but subsequently she was tortured for which Complaint Case No. 734

Patna High Court Cr.Misc. No.27081 of 2016 (2) dt.30-06-2016 2/2 of 2013 was filed which came to be registered as a police case after being transferred as Kundwa Chainpur P.S. Case No. 97 of 2013, hence in order to save the skin, the present complainant has been set up to lodged the present case. Manju is a disabled girl and marriage of son of the petitioner nos. 1 and 2 was never been performed with Manju Kumar.

Considering the thrust of accusation against the alleged husband of the complainant and the fact that at earlier point of time, the daughter of petitioner nos. 1 and 2 lodged a case against the complainant's side, let the above named petitioners 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) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Sheohar in connection with Compliant Case No. C1-326 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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