IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.43261 of 2010
1.CHANDESHWAR MISTRY, SON OF LATE BABU RAM MISTRY
2.BASO DEVI @ RAJ BANSHI DEVI, WIFE OF CHANDESHWAR MISTRY
3.SHEOPUJAN MISTRY, SON OF CHANDESHWAR MISTRY
4.MALTI DEVI, WIFE OF SHEOPUJAN MISTRY
ALL ARE RESIDENT OF VILLAGE KITHUNPUR, P.S.AMBA, DISTRICT
AURANGABAD------------------------------------------------------------PETITIONERS
Versus
1.THE STATE OF BIHAR
2.MANORMA DEVI, WIFE OF SUNIL MISTRY, RESIDENT OF VILLAGE
KITHUNPUR, P.S. AMBA, DISTRICT AURANGABAD-----------OPP.PARTIES
-----------
2. 26.3.2011 Heard learned counsel for the petitioners. No one
appears for the State.
The petitioners pray for anticipatory bail in a case
under Sections 498A, 323, 506, 384/34 of the Indian Penal
Code and Sections 3/ 4 of the Dowry Prohibition Act.
Learned counsel for the petitioners submits that the
allegations made in the FIR so far as these petitioners are
concerned are omnibus in nature regarding demand of
Rs.20,000/- and gold chain as dowry. It is submitted that in
the FIR itself it is clearly stated that the marriage had taken
place 9 to 10 years earlier. The petitioner No.1 is the
father-in-law, petitioner No.2 is the mother-in-law,
petitioner No.3 is the husband’s elder brother and
petitioner No.4 is the wife of petitioner No.3 and after so
many years of marriage there could be no question of their
demanding or being beneficiaries of any demand of dowry.
2
It is further submitted that earlier a complaint case had
been filed by the informant which was ultimately
compromised. Learned counsel also points out that there is
allegation of severe assault and beating of the informant
but there is no injury report to corroborate the same. It is
also submitted that the FIR itself has been lodged 18 days
after the alleged occurrence of marpit.
On a consideration of the entire facts and
circumstances, it is directed that the petitioners, namely,
Chandeshwar Mistry, Baso Devi @ Raj Banshi Devi,
Sheopujan Mistry and Malti Devi, in the event of their
arrest/surrender within a period of four weeks from today,
shall be released on bail on furnishing bail bonds of
Rs.10,000/- (Rupees ten thousand) each with two sureties
of the like amount each to the satisfaction of the Chief
Judicial Magistrate, Aurangabad, in connection with Amba
P.S.Case No. 83/2010, subject to the other conditions as
laid down under Section 438(2) of the Code of Criminal
Procedure.
(Ramesh Kumar Datta,J.)
Spal/