Sugia Devi And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55308 of 2015 Arising Out of PS.Case No. -779 Year- 2005 Thana -NAWADAH COMPLAINT CASE DistrictNAWADA ======================================================

1. Sugia Devi Wife of Kamal Bindu Mahto

2. Asha Devi @ Asho Devi D/o Kamal Bindu Mahto Both residents of Village - Darma, P.S. Kawakole, District - Nawada.

3. Bindeshwari Mahto Son of Dasrath Mahto Resident of Village - Dudhpaniya, P.S. Kawakole, District - Nawada. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Kari Devi Wife of Upendra Prasad, D/o Prabhu Mahto Resident of Lonuaapar, P.S. Kashichak, Dist - Nawada.

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

For the Petitioner/s : Mr. Arjun Prasad, Advocate For the Opposite Party/s : Mr. Veena Kumari Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-12-2015 Heard learned counsel for the petitioners and the State.

The petitioner being the mother, married sister and brother-in-law of the husband of the complainant are apprehending their arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code and 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 accusation is omnibus and general. Thrust of

Patna High Court Cr.Misc. No.55308 of 2015 (3) dt.15-12-2015 accusation is against husband of the complainant. It appears from the impugned order that complaint was filed in 2005 and on 14.12.2012, the petitioners have been declared absconder. Under the circumstances, let the learned court below consider the prayer for regular bail of the petitioners, if the petitioners surrender before the learned court below within a period of six weeks from today in connection with Complaint Case No. 779 of 2005, pending in the court of learned SubDivisional Judicial Magistrate, Nawadah. With the above observation this application is disposed of.

(Dinesh Kumar Singh, J) P.K./- U T