Shailendra Kumar Sinha And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44264 of 2018 Arising Out of PS.Case No. -175 Year- 2018 Thana -SITAMARHI District- SITAMARHI ======================================================
1. Shailendra Kumar Sinha S/o Late Shatish Prasad Sinha
2. Sonali Sinha @ Guriya W/o Shailendra Kumar Sinha
3. Kanti Devi W/o Late Shatish Prasad Sinha
4. Priti Devi W/o Sumit Sinha
5. Sumit Sinha S/o Braj Kishor Prasad
6. Vijay Kumar Sinha S/o Late Tarkeshwar Prasad Sinha
7. Indu Devi W/o Vijay Kumar Sinha all residence of Village Nuruddinganj P.S.- Malsalami, District Patna.
.... .... Petitioners
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Brij Bihari Tiwary For the Opposite Party/s : Mr. Sri Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-07-2018 Heard learned counsel for the petitioners, O.P. No. 2 and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 498A 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-fulfillment 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 have falsely been implicated in the present case due to
Patna High Court Cr.Misc. No.44264 of 2018 (2) dt.23-07-2018 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 and O.P. No. 2, 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, Sitamarhi in connection with Sitamarhi P.S. Case No. 175 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.
(Sudhir Singh, J) A.K.V./- U T