Patna High Court - Orders
Sanjay Kumar Chaudhary & Ors vs State Of Bihar on 12 August, 2010
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.29377 of 2010
SANJAY KUMAR CHAUDHARY & ORS
Versus
STATE OF BIHAR
-----------
02. 12.08.2010Petitioners being the brothers and wife of the brother of the husband are apprehending their arrest in a complaint case in which cognizance has been taken under Section 498A I.P.C. and Section ¾ of the Dowry Prohibition Act.
The allegation against the petitioners is that they used to torture the complainant and an attempt to take her life was also made on behalf of the in-laws.
Learned counsel for the petitioners submits that there is nothing on record to suggest that any injury was caused to the complainant. Moreover it was found that the complainant is disable and hence divorce case was filed.
Mr. Tarkeshwar Prasad Verma, learned counsel for the complainant submits that the divorce case was filed within few months of the marriage in spite of the fact that prior to the marriage, it was disclosed to the husband's family that the complainant is slightly disable due to polio. It is further contended by the learned counsel for the informant that it was the brother of the husband Sanjay who created all the 2 problems between the husband and the wife.
I think that the contentions of the informant will appropriately be considered at the time of consideration of the bail of the husband.
Considering the fact that there is general allegation against the entire family and the matrimonial case is pending, let the petitioners namely 1. Sanjay Kumar Chaudhary 2. Anjani Chaudhary @ Anjali Devi
3. Rupa Devi @ Rupa Chaudhary 4. Ajay Kumar Chaudhary 5. Bijay Kumar Chaudhary, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of S.D.J.M., Munger in connection with Complaint Case No. 217C of 2010.
Shageer ( Dinesh Kumar Singh, J.)