IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 2820 of 2011
------
1. Chotni Devi @ Chhotni Devi
2. Vishwanath Hembram @ Biswanath Hembram... ...... Petitioners
Versus
1. The State of Jharkhand
2. Somri Mosomat .... ... .... ... Opp. Parties
------
CORAM: HON'BLE MR. JUSTICE D.N. UPADHYAY
------
For the Petitioners : Mr. Om P. Singh, Advocate
For the Opp. Parties : A.P.P.
-----
03 /02.09.2011
Heard learned counsel for the parties.
Petitioners are accused in a case registered under Section 498-A and 323 of
the Indian Penal Code.
It reveals from the complaint that daughter of the complainant was subjected
to torture by her husband and in-laws for want of buffalo.
It is submitted that general and omnibus allegation of demand of dowry and
torture has been levelled against all the accused persons. The victim is not the
complainant. The learned Additional Sessions Judge has passed the impugned order
without considering the fact that victim is not the complainant.
Learned counsel for the State has opposed the prayer for bail.
Considering the facts and circumstances of the case, above named petitioners
are directed to surrender in the Court below within a fortnight and on such surrender
or in the event of their arrest they shall be released on bail by the Court below on
furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like
amount each to the satisfaction of Sri Manoj Chandra Jha, learned Judicial Magistrate,
1st Class in connection with C.P. Case NO.841 of 2010 subject to the conditions as
laid down under Section 438 (2) of the Cr.P.C.
(D.N. Upadhyay, J)
NKC