Ramratia Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10199 of 2020 Arising Out of PS. Case No.-661 Year-2017 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== 1.

RAMRATIA DEVI Wife of Deodutt Yadav @ Deodat Yadav Resident of Village- Tetariya Tola Karma Taar, P.S.- Fatehpur, District- Gaya. 2.

Deodutt Yadav @ Deodat Yadav Son of Late Reba Yadav Resident of Village- Tetariya Tola Karma Taar, P.S.- Fatehpur, District- Gaya. 3.

Talkeshwar Yadav @ Talkeshwar Kumar Son of Deodut Yadav Resident of Village- Tetariya Tola Karma Taar, P.S.- Fatehpur, District- Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Babita Devi Wife of Talkeshwar Kumar @ Talkeshwar Yadav, D/o Nandlal Yadav Resident of Village- Sonbigha, P.S.- Tankupa (Wajirganj), DistrictGaya. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Sharma For the Opposite Party/s :

Mr.Ramesh Chandra Mr.Ajay Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-12-2021 Heard the parties.

The petitioners apprehend their arrest in a case registered under section 498(A) of the IPC.

Allegation against the petitioners is of committing torture upon the victim due to non-fulfillment of demand of dowry and of ousting the complainant from her matrimonial house. It is submitted by learned counsel for the petitioners that petitioners are innocent and have committed no offence. Petitioners have never made any dowry demand and have been

Patna High Court CR. MISC. No.10199 of 2020(3) dt.07-12-2021 2/3 falsely implicated in the present case due to grudge. There is no specific allegation against the petitioner. They have neither ousted the complainant from the matrimonial house nor have tortured her for dowry demand. 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. It is submitted that the petitioners are ready and willing to keep the complainant with full honour and dignity.

It is submitted by learned counsel for the informant that the complainant is also ready and willing to reside with the petitioners, provided, she is not tortured.

Considering the aforesaid facts and circumstances, let the petitioners, named above, in the event of their 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.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Complaint Case No.661/2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. If so advised, either of the parties will be at liberty to

Patna High Court CR. MISC. No.10199 of 2020(3) dt.07-12-2021 3/3 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.

(Anjani Kumar Sharan, J) pallavi/- U T