Radha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73905 of 2019 Arising Out of PS. Case No.-338 Year-2018 Thana- COMPLAINT CASE District- Supaul ====================================================== 1.

RADHA DEVI Wife of Kapileshwar Bariyait @ Kapil @ Kapal @ Kapali Bariyait @ Kapul @ Kadali Bariyait, Resident of Balbhadrapur, P.S.-Birpur, District-Supaul.

2.

Kapileshwar Bariyait @ Kapal @ Kapali Bariyait @ Kapul @ Kadali Bariyait @ Kapil Son of Develal Bariyait, Resident of Balbhadrapur, P.S.- Birpur, District-Supaul.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sanjan Devi Daughter of Jagannath Mairta, Wife of Naresh Kumar Resident of Bayasi Garhi, P.S.-Karjain, District-Supaul. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailendra Kumar Singh For the Opposite Party/s :

Mr.M. K. Nirala Mr. Kumar Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 17-07-2020 Heard Mr. Shailendra Kumar Singh, learned counsel for the petitioners and Mr. Kumar Gautam, learned counsel for the informant as well as Mr. M.K. Nirala, learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Complaint Case No.338C/2018 registered for offence punishable under section 498A of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act.

Allegation has been made of torturing and

Patna High Court CR. MISC. No.73905 of 2019(5) dt.17-07-2020 2/3 demanding.

Learned counsel for the petitioners submits that the petitioners are in-laws of the opposite party and all family members have been made accused. He further submits that general and omnibus allegation has been made against these petitioners Learned counsel for the informant vehemently opposed the prayer of bail.

Looking to the relationship, the prayer for bail of the petitioners is allowed and they, in the event of arrest or surrender before the court below within six weeks from today, are directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Birpur, Supaul in connection with Complaint Case No. 338C/2018, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioners will not induce any witness or tamper with the evidence. The petitioners shall cooperate in the disposal of trial and make themselves available as and when

Patna High Court CR. MISC. No.73905 of 2019(5) dt.17-07-2020 3/3 required by the court.

(Shivaji Pandey, J) Mahesh/- U T