Ripu Sudan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17386 of 2021 Arising Out of PS. Case No.-379 Year-2020 Thana- JOKIHAT District- Araria ====================================================== 1.

RIPU SUDAN SINGH Son of Sri Shyam Sunder Singh Resident of VillageMahalgaon Chainpur, Police Station- Mahalgaon, District- Araria. 2.

Smt. Madhu Devi @ Madhu Devi Wife of Ripu Sudan Singh Resident of Village- Mahalgaon Chainpur, Police Station- Mahalgaon, District- Araria. 3.

Ravi Kumar Son of Sri Chandradev Singh Resident of Village- Oliyabad Jhandapur, Police Station- Bihpur, District- Bhagalpur. 4.

Sangeeta Kumari @ Sangeeta Devi Wife of Ravi Kumar Resident of Village- Oliyabad Jhandapur, Police Station- Bihpur, District- Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Viveka Nandsingh For the Opposite Party/s :

Mr. Anil Prasad Singh,APP For the Informant :

Mr. Vijay Kishore Bharti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-12-2021 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.

The petitioners are apprehending their arrest in a case registered under Section 498A 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.17386 of 2021(2) dt.23-12-2021 2/3 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 due to petty family dispute. The petitioner no. 1 is father-in-law, petitioner no. 2 is mother-in-law, petitioner no. 3 is brother-in-law and petitioner no. 4 is sister-in-law(gotni), of the victim. 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 aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Jokihat (Mahalgaon) P.S. Case No.

Patna High Court CR. MISC. No.17386 of 2021(2) dt.23-12-2021 3/3 under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T