Court granted anticipatory bail to petitioners (parents-in-law of informants sister) apprehending arrest in an 2009 criminal case under sections 341, 323, 324, 307, 504, 498A IPC and Dowry Prohibition Act regarding false implication.
Petitioners released on bail on furnishing bonds of Rs.10,000/- each with two sureties of similar amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28921 of 2014
Arising Out of PS.Case No. -163 Year- 2009 Thana -BARBIGHA District- SEKHPURA ====================================================== 1. Ram Binod Thakur son of Ram Badan Thakur. 2. Meera Devi wife of Ram Binod Thakur. Both residents of village - Samartha, Police Station - Kalyanpur, District - Samastipur. .... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Jay Prakash Sharma For the Opposite Party/s : Mr. Bharat Lal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 3 01-12-2014 Heard learned counsel for the petitioners and learned A.P.P. representing the State. The petitioners apprehend their arrest for the offences alleged under sections 341, 323, 324, 307, 504 and 498A of the Penal Code and sections ¾ of the Dowry Prohibition Act.
It is submitted that the petitioners being the parents-in-law of the informant’s sister have been falsely implicated. The complaint has been filed belatedly in the year 2009 whereas it is claimed that the informant’s sister and the petitioners’ son were married as far as back in 2002. The petitioners claim clean antecedent.
Having regard to the entirety of the facts and
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circumstances of the case, in the event of the petitioners’ arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be 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 Sub Divisional Judicial Magistrate, Sheikhpura in connection with Barbigha PS Case No. 163/2009 subject to the conditions laid down under section 438(2) of the Cr.P.C. and also subject to the following further conditions:
(i) The petitioners shall cooperate with the investigation and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(ii) The petitioners shall remain physically present on each and every date during trial and in the event of failure on two consecutive dates, their bail bonds shall be liable to be cancelled by the learned court concerned.
(Vikash Jain, J)
haque/-
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1 issue framed by the court
Whether the petitioners should be granted bail in connection with the pending criminal case alleging offences under the Penal Code and Dowry Prohibition Act.
2 provisions across 2 enactments
Ram Binod Thakur and Meera Devi
The State of Bihar
Vikash Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
