Urmila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5781 of 2020 Arising Out of PS. Case No.-426 Year-2019 Thana- PUPRI District- Sitamarhi ====================================================== 1.

URMILA DEVI Wife of Ramdew Sah Resident of Village - Awapur Uttari, P.S. - Pupari, District - Sitamarhi.

2.

Manoj Kumar Son of Ramdew Sah Resident of Village - Awapur Uttari, P.S. - Pupari, District - Sitamarhi.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sumitra Devi Daughter of Ramesh Prasad Resident of Village - Shankar Chowk, Old Exchange Road, Ward No. 18, Laheri Patti, P.S. and District - Sitamarhi.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Ajay Kr Singh No.1, Advocate For the State :

Dr. Ajeet Kumar, APP For the O.P. No.2 :

Mr.Santosh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-03-2021 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the opposite party No.2. The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 504, 498A, 379/34 of the Indian Penal Code.

Allegation against the petitioners is of committing torture upon the victim due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The case is triable by the Magistrate. The petitioners have relied upon the judgment of

Patna High Court CR. MISC. No.5781 of 2020(2) dt.09-03-2021 2/2 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 and learned counsel for the opposite party No.2, it is submitted that the petitioners are named in the complaint case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sitamarhi in connection with Pupari P.S. case No.426 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

(Sudhir Singh, J) Narendra/- U T