Ramayan Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.842 of 2020 Arising Out of PS. Case No.-122 Year-2019 Thana- MAHILA P.S. District- Patna ====================================================== 1.

RAMAYAN MISHRA S/o Late Pankhi Mishra Resident of Om Sai Colony, Raghunath Path, P.S.- Rupaspur, District- Patna. 2.

Pramila Mishra @ Pramila Devi W/o Ramayan Mishra Resident of Om Sai Colony, Raghunath Path, P.S.- Rupaspur, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Soni Kumari W/o Late Niraj Kumar Mishra, D/o Bechcha Maharaj Residing at Mitra Mandal Colony, Anisabad, P.S.- Gardanibagh, District- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sangeet Deokuliar For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-08-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 498A/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioners is of committing torture upon the victim due to non-fulfilment of demand of

Patna High Court CR. MISC. No.842 of 2020(4) dt.24-08-2020 2/3 dowry.

It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners are father-in-law and mother-inlaw respectively of the victim. They have falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The petitioners have relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R. Considering the facts and circumstances of the case and also the lockdown, the petitioners above named, in the event of arrest or surrender before the learned Court below within a period of eight weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Mahila P.S. Case No. 122 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each

Patna High Court CR. MISC. No.842 of 2020(4) dt.24-08-2020 3/3 with two sureties of the like amount each within a period of seven weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T