Rameshwar Paswan And ANR v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12808 of 2019 Arising Out of PS. Case No.-21 Year-2016 Thana- MAHILA P.S. District- Sitamarhi ====================================================== 1.

Rameshwar Paswan, aged about 48 Years, Gender-Male, Son of Late Rudal Paswan, Resident of Village- Bhawdepur, Ward No.- 4, P.S.-Riga, District - Sitamarhi.

2.

Sunaina Devi, aged about 42 Years, Gender-Female, Wife of Rameshwar Paswan, Resident of Village- Bhawdepur, Ward No.- 4, P.S.-Riga, District - Sitamarhi.

... ... Petitioners

Versus

1.

The State of Bihar.

2.

Babita Kumari, Wife of Abhineet Kumar Gautam and daughter of Dhruv Prasad Gupta, Resident of Village- Bhawdepur, Ward No.- 4, P.S.-Riga, District - Sitamarhi.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioners :

Mr.Md. Anis Akhtar, Advocate.

For the State :

Mr. Pramod Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-03-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 341, 323, 498(A)/34, 504 of the IPC and 3⁄4 of the D. P. Act.

The prosecution story, in brief, is that the informant Babita Kumari performed inter-caste love marriage with accused Abhinit Kumar Gautam for which parents of the informant lodged a case of kidnapping which was compromised. The petitioner no. 1 kept the informant as daughter-in-law. The

Patna High Court CR. MISC. No.12808 of 2019(2) dt.01-03-2019 2/3 husband of the informant lives in Bhopal. It is alleged that the informant was subjected to cruelty and harassment by the accused persons including the petitioners on account of insufficient dowry. The informant complained the matter to her husband but of no effect. He also committed Mar-Pit with the informant.

It has been submitted by learned counsel for the petitioners have falsely been implicated in the present case due to petty family dispute. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners are father-in-law and mother-in-law of the victim. They are separate in mess and property from the husband of the victim. The case is triable by the Magistrate. The petitioners have further 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 learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks

Patna High Court CR. MISC. No.12808 of 2019(2) dt.01-03-2019 3/3 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 the learned S.D.J.M. Sadar, Sitamarhi, in connection with Sitamarhi (Mahila) P.S. Case No. 21 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) U.K./- U T