RAMA SHANKAR PRASAD Vs. STATE

JUDGEMENT

(1.) This is an application for anticipatory bail under Section 438, Cr.P.C.

(2.) The fact of the case is that the petitioners are members of a joint Hindu Family. Petitioner Nos. 1, 4 and 5 are brothers. The petitioner No. 3 is the wife of petitioner No. 1 and petitioner No. 2 is the mother of petitioner Nos. 1, 4 and 5. Petitioner Nos. 1 and 5 have their own family business in Gangtok. Petitioner No. 4 is minor and a school student. The other two petitioners are housewives. Petitioner No. 5 married one Smt. Murat Devi of Chapra District (Bihar). The said Murat Devi filed a complaint with the police station nearest to her place of present stay within the Chapra District on the allegation that these petitioners together with one Ram Ekbal Prasad, father of petitioners Nos. 1, 4 and 5, treated her with cruelty. A case was accordingly registered as Eckma P. S. Case No. 5597 dated 14-5-1997 under Section 323/379/498A read with Section 34, I.P.C.

(3.) The police of Eckma P. S. (Bihar) already arrested Ram Ekbal Prasad on 15-5-1997 and he is still in police custody. The present petitioners apprehend arrest at any moment as police parties from Eckma P. S. have been roaming around the place of residence of the petitioners.