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Patna High CourtCR. MISC./30112/2018bail granted

Sangeeta Mishra @ Sangeeta Kumari And ORS v. The State Of Bihar

2018-05-15Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30112 of 2018 Arising Out of PS.Case No. -185 Year- 2018 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ======================================================

1. Sangeeta Mishra @ Sangeeta Kumari Daughter of Ramdeo Mishra

2. Usha Mishra Wife of Ramdeo Mishra

3. Ramdeo Mishra Son of late Adhik Lal Mishra

4. Kundan Kumar@ Kundan Kumar Mishra Son of Ramdeo Mishra All Resident of Village- Bari Aighu , Bhardwaj Nagar, P.S. Muffasil, District- Begusarai.

.... .... Petitioners

Versus

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

For the Petitioner : Mr. Sandip Kumar Gautam, Advocate. For the State : Mr. Narendra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-05-2018 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 498(A)/ 34 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 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

Patna High Court Cr.Misc. No.30112 of 2018 (2) dt.15-05-2018 2/2 petitioners are in-laws of the victim. They are separate in mess and property from the husband of the victim. The victim and her family members are in habit of instituting cases against the petitioners and their family members for similar offence. 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 Chief Judicial Magistrate, Begusarai, in connection with Muffasil P.S. Case No. 185 of 2018, subject the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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