High Court Patna High Court - Orders

Ram Pyarii Devi &Amp; Ors vs State Of Bihar on 7 October, 2010

Patna High Court – Orders
Ram Pyarii Devi &Amp; Ors vs State Of Bihar on 7 October, 2010
          IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Cr. Misc. No.35030 of 2010
          1. RAM PYARI DEVI, W/O Sarwan Sao @ Sarwan Laheri.
          2. Sarwan Sao @ Sarwan Laheri, S/O
             Both residents of village - Indupur, P.S. - Barahiya, District -
             Lakhisarai.                     ................... Petitioners.

                              Versus
               THE STATE OF BIHAR        ................... Opp. Party.
                             -----------

02/ 07.10.2010 Heard learned counsel for the petitioners and

the State.

This is a petition for grant of anticipatory bail

for offence under section 498A and 323 of the Indian

Penal Code and section 3/4 of the Dowry Prohibition Act.

There is allegation against the petitioners who

are father-in-law and mother-in-law of the complainant

wife.

Learned counsel for the complainant, however,

submits that the husband is still absconder and has not

been surrendered.

Hence, having regard to the facts and

circumstances of the case, above named petitioners, in the

event of their arrest or surrender in the court below within

a period of four weeks from the date of receipt /

production of a copy of this order, are directed to be
2

released on bail on furnishing bail bonds of Rs.10,000/-

(ten thousand) each with two sureties of the like amount

each to the satisfaction of learned Chief Judicial

Magistrate, Munger in connection with Complaint Case

No. 1028C of 2009, subject to the condition that the

petitioners shall file a certificate either that the husband

has surrendered or has filed a petition for anticipatory bail,

subject to condition that the bail petition of the petitioners

shall accept on condition that they will file a petition to the

satisfaction of the court below that the husband has either

surrendered or filed anticipatory bail before the District

Judge and further subject to the condition mentioned in

section 438 (2) of the Cr.P.C.

Kundan                          (Gopal Prasad, J.)