Ghurhu Kahar @ Kripa Shankar Kamkar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17804 of 2018 Arising Out of PS. Case No.-93 Year-2017 Thana- MAHILA P.S. District- Rohtas ======================================================

1. Ghurhu Kahar @ Kripa Shankar Kamkar Son of Nanhu kahar

2. Nirmala Devi Wife of Ghuru Kahar

3. Tinku Kahar@ Tinku Kamkar Son of Ghurhu Kahar

4. Hitar Kahar@ Ajay Kamkar Son of Ghurhu Kahar

5. Pramod Kahar Son of Vishwanath Kamkar. All Resident of Village: Sikraur, P.S. Rajpur, District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Singh For the Opposite Party/s :

Smt. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-03-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 498A, 341, 323, 406 and 34 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 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 are in laws. Petitioner no. 1 is father-

Patna High Court Cr.Misc. No.17804 of 2018(2) dt.28-03-2018 2/2 in-law, petitioner no. 2 is mother-in-law and petitioner nos. 3 and 4 are brother-in-law of the victim. They have falsely been implicated in the present case due to petty family dispute. 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 six 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, Sasaram (Rohtas) in connection with Mahila P.S. Case No. 93/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T