IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 1734 of 2011
1. Brahmadeo Prasad Verma
2. Raj Kumari Devi
3. Ashok Prasad verma @ Ashok Verma .... Petitioners
Versus
State of Jharkhand ... Opposite Party
Coram : HON'BLE MR. JUSTICE D.N.UPADHYAY
For the petitioner (s): Mr.Kalyan Banerjee
For the Opposite Party : Addl.P.P.
05.09.2011
Heard the learned counsel for the petitioners and the learned
counsel for the State.
This is an application for grant of anticipatory bail filed by the
petitioners in connection with C.P. Case No. 59/2010 for the offence registered under
sections 498A of the Indian Penal Code .
According to the complaint, Uma Devi was subjected to torture and
treated with cruelty for want of more dowry. She was not provided proper fooding and
clothing and was compelled to sleep on the floor. On one occasion, husband and the
mother in law tried to set her on fire, but somehow she saved herself.
It is submitted that Indradeo Prasad Verma who is uncle in law has
been granted bail and the allegation against these petitioners is also similar and
identical.
Learned counsel for the State has opposed the prayer.
I have perused the complaint from which it appears that there is
specific allegation against petitioner no.2 Raj Kumari Devi that she set the complainant
on fire. Considering this aspect of the matter, I do not feel inclined to grant anticipatory
bail to the petitioner no.2. Her prayer for anticipatory bail accordingly stands rejected.
So far as petitioners no. 1 and 3 are concerned, allegation against
them appears to be of general nature and identical to the case of the other accused who
have been granted anticipatory bail.
Considering the aforesaid facts and circumstances of the case, the
petitioners no. 1 and 3 (Brahmadeo Prasad Verma and Ashok Prasad Verma alias Asok
Verma) are directed to appear/ surrender before the court below within a period of
three weeks positively from the date of this order and on their surrender, they shall be
released on bail on furnishing bail bond of Rs.10,000/- ( rupees ten thousand) each
with two sureties of the like amount each to the satisfaction of Sri S. Jha, Judicial
Magistrate, 1st Class at Dhanbad, in connection with C.P case No. 59/2010, subject to
the conditions laid down under section 438(2) Cr.P.C.
Ambastha/- ( D.N.Upadhyay,J.)