In-Laws alleged of torture and keeping the informant hungry granted bail on the grounds of having no other criminal antecedents: High Court Of Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 311021 Arising Out of PS. Case No. 21 Year 2021 Thana DIGHWARA District Saran Sanjay Kumar Singh aged about 54 years Male Son of Late Chandeshwar Rekha Devi aged about 49 years Female Wife of Sanjay Kumar Singh Both residents of Village Dighwara PS Dighwara District Saran at Puja Devi aged about 30 years Female Wife of Rajesh Kumar Singh Daughter of Sanjay Kumar Singh Resident of Village Rasalpura PS Doriganj District Saran at Chhapra ... Petitioner s The State of Bihar Puja Devi aged about 26 years Wife of Sandeep Kumar Singh Daughter of Ravi Ranjan Singh Residing at Present at Village Ekauna Post + PS Punpun District Patna ... Opposite Party s For the Petitioner s For the State Mr. Anil Kumar Sinha Advocate Mr. Md. Arif APP CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 08 10 2021 The matter has been heard via video conferencing. 2. The case has been taken up out of turn on the basis of motion slip filed by learned counsel for the petitioners which was 3. Heard Mr. Anil Kumar Sinha learned counsel for the petitioners and Mr. Md. Arif learned Additional Public Prosecutor hereinafter referred to as the ‘APP’) for the State Patna High Court CR. MISC. No.311021 dt.08 10 2021 4. The petitioners apprehend arrest in connection with Dighwara PS Case No. 221 dated 25.01.2021 instituted under Sections 341 323 498A 503 34 of the Indian Penal Code 1860 and 4 of the Dowry Prohibition Act 1961 5. The petitioner no. 1 is the father in law petitioner no 2 is mother in law and petitioner no. 3 is the married sister in law Nanad) of the informant opposite party no. 2 6. The allegation against them is of torture and not giving her food on account of non fulfillment of demand of dowry of Rs. 8 lakhs and thereafter of assault and ouster from the matrimonial home and further of attempting to kill her by poisoning as well as assault 7. Learned counsel for the petitioners submitted that they have no role between the relationship of the husband and the wife and in the anticipatory bail filed by the husband of the informant who is the son of the petitioner no. 2 and brother of petitioner no. 3 the Court had ordered for no coercive steps against him and he has taken the opposite party no. 2 with him and she is living in the matrimonial home. It was further submitted that petitioners have no other criminal antecedent 8. Learned APP submitted that the petitioners being the in laws of the informant are equally responsible for such torture Patna High Court CR. MISC. No.311021 dt.08 10 2021 9. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties in view of the petitioners being the in laws and having no criminal antecedent and the husband of the informant having taken her to the matrimonial home where she is living the Court is inclined to allow the prayer for pre arrest bail 10. Accordingly in the event of arrest or surrender before the Court below within six weeks from today the petitioners be released on bail upon furnishing bail bonds of Rs 25 000 each with two sureties of the like amount each to the satisfaction of the learned ACJM IX Saran at Chapra in Dighwara PS Case No. 21 of 2021 subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure 1973 and further that one of the bailors shall be a close relative of the petitioners that the petitioners and the bailors shall execute bond and give undertaking with regard to good behaviour of the petitioners and that they shall co operate with the Court and police prosecution. Any violation of the terms and conditions of the bonds or the undertaking or failure to co operate shall lead to cancellation of their bail bonds 11. It shall also be open for the prosecution to bring any violation of the foregoing conditions by the petitioners to the Patna High Court CR. MISC. No.311021 dt.08 10 2021 notice of the Court concerned which shall take immediate action on the same after giving opportunity of hearing to the petitioners 12. The petition stands disposed of in the (Ahsanuddin Amanullah J

Summary: The petitioners were alleged of torture in the name of dowry demand and had kept the informant hungry for the non-fulfillment of demand of Rs.. 8 Lakhs. The Court granted them bail after considering the facts and circumstances. The Hon’ble High Court of Patna before Justice Mr. Ahsanuddin Amanullah in the matter Sanjay Kumar Singh and Ors. v. The State of Bihar and Ors[Criminal Miscellaneous No. 31105 of 2021]. The facts of the case were that the petitioner was apprehended arrest in connection with the Case, instituted under Sections 341, 323, 498A, 503/34 of the Indian Penal Code, 1860 and 4 of the Dowry Prohibition Act, 1961. It was alleged against the petitioner that they torture and didn’t give her food since she was not able to fulfill the demand of dowry of Rs. 8 Lakhs and further of attempting to kill her by poisoning as well assault. The Learned Counsel for the petitioner said and submitted that they have no role between the relationship of the husband and the wife and in the anticipatory bail filed by the husband of the informant, who is the son of petitioner no. 2 and brother of petitioner no. 3, the Court had ordered for no coercive steps against him and he has taken the opposite party no. 2 with him and she is living in the matrimonial home. It was further submitted that petitioners have no other criminal antecedent. The Additional Public Prosecutor of the State contended that the petitioners are the in-laws and family of the informant and hence are equally liable as the husband of the informant. The Hon’ble High Court Of Patna held,” Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in view of the petitioners being the in-laws and having no criminal antecedent and the husband of the informant having taken her to the matrimonial home where she is living, the Court is inclined to allow the prayer for pre-arrest bail.” The petition was disposed of on the said terms of bail.