Dolly Devi And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23064 of 2018 Arising Out of PS. Case No.-129 Year-2018 Thana- JAHANABAD District- Jehanabad ======================================================

1. Dolly Devi wife of Madan Yadav

2. Kalpatiya Devi wife of late Rambali Yadav Both are residents of village Nizamuddinpur P.S. & District Jehanabad. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Shanti Devi wife Madan Yadav resident of village Nizamuddinpur P.S. & District Jehanabad.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Paras Nath For the Opposite Party/s :

Mr. Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-04-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 342, 323, 494, 498A, 379, 506/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act. Allegation against the petitioners is of committing torture upon the victim and harassing her due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. The O.P. No. 2 is in the habit of instituting cases for similar offences. Petitioner no. 1 is alleged to be the second

Patna High Court Cr.Misc. No.23064 of 2018(2) dt.17-04-2018 2/2 wife of the husband of the victim and petitioner no. 2 is motherin-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, Jehanabad in connection with Jehanabad P.S. Case No. 129/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T