Mahendra Prasad And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46588 of 2016 Arising Out of PS.Case No. -36 Year- 2016 Thana -KASHICHAK District- NAWADA ======================================================
1. Mahendra Prasad, son of Bhola Prasad
2. Shardha Devi, wife of Mahender Prasad
3. Sarita Devi, wife of Pappu Prasad .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amresh Kumar Sinha, Advocate For the Opposite Party/s : Mr. Sri Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-10-2016 Heard learned counsels for the petitioners and the State.
The petitioners being parents and brother's wife of the husband of the informant are apprehending arrest in a case registered for the offences punishable under Sections 494, 379/34, 341, 323, 498A of the Indian Penal Code. Basic accusation is of torture and performing second marriage by the son of the petitioners.
It is submitted by learned counsel for the petitioners that the accusation of torture has been levelled after 10 years of marriage as the informant was marriage to his son in 2006 and subsequently the informant gave birth to a disable child in 2007. The accusation is omnibus and general. Moreover, the thrust of accusation is against the husband of the informant.
Patna High Court Cr.Misc. No.46588 of 2016 (2) dt.24-10-2016 2/2 Considering the aforesaid facts, 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 Judicial Magistrate, 1st Class, Nawada, in connection with Kashichak P.S. Case No.36/2016, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T