Khushbu Kumari @ Khushbu Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58051 of 2017 Arising Out of PS.Case No. -336 Year- 2011 Thana -DHANARUA District- PATNA ======================================================
1. KHUSHBU KUMARI @ KHUSHBU DEVI, wife of Ram Niranjan Kuamr, daughter of Santosh Paswan,
2. Sabita Devi, w/o Santosh Paswan,
3. Santosh @ Santosh Paswan, son of late Kauleshwar Paswan,
4. Samir @ Samir Kumar, son of Santosh Paswan,
5. Bittu @ Bittu Kumar, son of Santosh Paswan,
6. Madhuri Devi, w/o Dilip Paswan, all resident of village-Madhopur, P.S.-Bakhtiyarpur, District- Patna,
7. Shiv Prasad Paswan, son of late Chotan Pawswan, resident of Nadwan, P.S.-Dhanarua, District-Patna.
8. Sumitra Mistri, son of Jawahir Mistri, resident of Vijaypura, P.S.- Dhanarua, District- Patna.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satrudhan Kumar, Advocate For the Opposite Party/s : Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 19-12-2017 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Dhanarua P.S. Case No.336 of 2011 instituted for the offence under Section(s) 365, 504/34 Indian Penal Code.
Counsel for the petitioners has submitted that instant case has been filed by the father of husband of petitioner no.1 against his daughter-in-law and her family members. It is alleged in the written report that marriage of son of the informant was performed with petitioner no.1 forcibly by
Patna High Court Cr.Misc. No.58051 of 2017 (2) dt.19-12-2017 2/3 the accused persons after kidnapping him on the point of pistol. Counsel for the petitioners has further submitted that after performing marriage petitioner no.1 was tortured in her Sasural by the husband as well as informant of the instant case for which a case under Section 498-A Indian Penal Code was filed against them and just as a counter blast instant case has been filed by the informant, who is the father-in-law of petitioner no.1. In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Dhanarua P.S. Case No.
336 of 2011, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the SubDivisional Judicial Magistrate, Masaurhi, subject to the conditions as laid down under Section 438(2) Cr. P. C.
Patna High Court Cr.Misc. No.58051 of 2017 (2) dt.19-12-2017 3/3 automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) JA/- U T