Birendra Kewat And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6627 of 2016 Arising Out of PS.Case No. -1512 Year- 2014 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR ======================================================

1. Birendra Kewat son of Karu Kewat

2. Tetri Devi W/o Birendra Kewat Both R/o Village- Maniknagar, Arihana, P.S.- Azamnagar, District- Katihar .... .... Petitioner/s

Versus

1. The State of Bihar

2. Yasoda Devi D/o Sudam Kewat R/o Village- Maniknagar, Arihana, P.S.- Azamnagar, District- Katihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Karuna Kant Jha, Adv. For the Opposite Party/s : Mr. Iftekhar Mahmood(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-02-2016 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 Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. The basic accusation is of torture after three years of marriage for non-fulfillment of the dowry demand. It is submitted by learned counsel for the petitioners that the thrust of accusation is against the husband of the complainant. The petitioners are ready to allow the complainant to enjoy her

Patna High Court Cr.Misc. No.6627 of 2016 (2) dt.10-02-2016 2/2 share of property in the matrimonial house.

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 SDJM, Katihar in connection with Complaint Case No. 1512 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 the learned court below on filing separate affidavit by each petitioner that they are ready to allow the informant to enjoy her share of property in the matrimonial house. The said affidavit will be transmitted to the concerned police station by the learned court below.

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