Ram Nath Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18784 of 2021 Arising Out of PS. Case No.-31 Year-2020 Thana- MAHILA P.S. District- Sheohar ====================================================== 1.

RAM NATH RAI Son of Late Ram Prasad Rai Resident of VillageGhushukpur, P.S.-Tariyani, District-Sheohar. 2.

Sushila Devi Wife of Ram Nath Rai Resident of Village-Ghushukpur, P.S.- Tariyani, District-Sheohar.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Guriya Kumari Daughter of Umesh Kuwar Resident of Village-Surgahi, P.O.-Kushar, P.S.-Tariyani, District-Sheohar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mritunjay Kumar Singh, Advocate For the Opposite Party/s :

Mrs. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-07-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

The petitioners are apprehending their arrest in a case registered under Sections 323, 341, 504, 506, 498A, 494/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act. Allegation against the petitioners is of committing torture and assault 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

Patna High Court CR. MISC. No.18784 of 2021(2) dt.23-07-2021 2/3 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 petitioner No.1 is father-in-law and petitioner No.2 is mother-inlaw of the victim. 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 twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned Chief Judicial Magistrate, Sheohar in connection with Sheohar Mahila P.S. case No.31 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners will furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight

Patna High Court CR. MISC. No.18784 of 2021(2) dt.23-07-2021 3/3 weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T