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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

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.

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Judgment Reviewed By Nimisha Dublish

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