Gautam Patel And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46839 of 2017 Arising Out of PS. Case No.-100 Year-2016 Thana- KHAGARIA COMPALINT CASE District- Khagaria ====================================================== 1.

Gautam Patel, Son of Lakhan Patel, 2.

Lalbabu Patel, Son of Lakhan Patel, 3.

Gauri Devi, Wife of Lalbabu Patel, 4.

Sindra Devi, Wife of Gautam Patel, 5.

Bhulli Devi, Wife of Lakhan Patel, 6.

Lakhan Patel, Son of Late Mahavir Patel, 7.

Shaligram Patel, Son of Lakhan Patel, 8.

Dulari Devi, Wife of Shailgram Patel, All are resident of Village- Dhunian Madhua, P.S.- Khagaria (Muffasil), DistrictKhagaria. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Chandni Devi, Wife of Murari Patel, D/o Manilal Mahton, Resident of Village- Bhagattola, Mathurapur, District- Khagaria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bishweshwar Ram For the Opposite Party/s :

Mr. AMITESH KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-09-2017 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 and 494 of the Indian Penal Code.

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

Patna High Court Cr.Misc. No.46839 of 2017(2) dt.22-09-2017 2/2 allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. 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.

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 Sub Divisional Judicial Magistrate, Khagaria in connection with Complaint case No.100C of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T