Laxmi Yadav And ANR v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14161 of 2019 Arising Out of PS. Case No.-707 Year-2016 Thana- SAHARSA COMPLAINT CASE District- Saharsa ====================================================== 1.

Laxmi Yadav Son of Late Bilat Yadav 2.

Bulbul Devi @ Makhiya Devi Wife of Laxmi Yadav, both Resident of Village - Gadhiya Ward No.1, P.O.- Gadhiya Ward No.1, P.S.-Sour Bazar, District -Saharsa ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Soni Devi Wife of Laxmi Yadav Resident of Village - Gaddiya, P.O.- Gaddiya, P.S.-Sour Bazar, District -Saharsa ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Subodh Kumar Sinha For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-03-2019 Heard learned counsel for the petitionerss and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 323, 379, 498A, 494 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

Patna High Court CR. MISC. No.14161 of 2019(2) dt.07-03-2019 2/2 present case. 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.

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., Saharsa in connection with Complaint case No.707C of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T