Mina Devi And ORS v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13700 of 2019 Arising Out of PS. Case No.-125 Year-2016 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== 1.

Mina Devi, aged about 48 Years (Female), Wife of Surendra Sah, Resident of Village - Tajpur Saraiya, P.S.- Rajepur Tetaria, Distt.- East Champaran. 2.

Surendra Sah, aged about 51 Years (Male), Son of Late Raghubir Sah, Resident of Village - Tajpur Saraiya, P.S.- Rajepur Tetaria, Distt.- East Champaran.

3.

Sone Lal Sah, aged about 30 Years (Male), Son of Surendra Sah, Resident of Village - Tajpur Saraiya, P.S.- Rajepur Ttetaria, Distt.- East Champaran. ... ... Petitioners

Versus

1.

The State Of Bihar.

2.

Sumitra Devi, aged about 25 Years, Wife of Devendra Sah, D/o Ram Briksh Sah at Present residing at Village Pedari Korihar Bansh P.S.- Parsauni, Distt.- Sitamarhi.

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

For the Petitioners :

Mr.Uday Kumar, Advocate.

For the State :

Mr.Rajendra Prasad Nat, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-03-2019 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 Section 498(A) of the IPC. The prosecution story, in brief, is that the accused persons including the petitioners tortured the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent.

Patna High Court CR. MISC. No.13700 of 2019(2) dt.06-03-2019 2/3 There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case due to petty family dispute. The petitioners are the mother-in-law, father-in-law and brother-inlaw (Bhaisur) 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 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 C.J.M. Sitamarhi, in connection with Tr. No. 2657 of 2016, arising out of Complaint Case No. C1-125/2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal

Patna High Court CR. MISC. No.13700 of 2019(2) dt.06-03-2019 3/3 Procedure.

(Sudhir Singh, J) U.K./- U T