Sushila Devi And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49489 of 2018 Arising Out of PS.Case No. -100 Year- 2017 Thana -DURAULI District- SIWAN ======================================================

1. Sushila Devi Wife of Late Manoranjan Singh

2. Mankeshwar @ Guddu Kunwar @ Guddu Kumar @ Mankeshwar Kunwar Son of Late Manoranjan Singh

3. Guddi Devi Wife of Sri Mankeshwar @ Guddu Kunwar @ Guddu Kumar @ Mankeshwar Kunwar All residents of Village : Ratan Chak, P.O. and P.S. Hathua, District : Gopalganj.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Kumari Daisy Daughter of Lalbabu Singh Resident of Village : Gauri, P.S. Darauli, District : Siwan.

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

For the Petitioner/s : Mr. Rajnish Kumar Choubey For the Opposite Party/s : Mr. S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-08-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 323, 498A, 406 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.49489 of 2018 (2) dt.10-08-2018 petty family dispute. The case is triable by the Magistrate. The petitioners haves 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 Additional Chief Judicial Magistrate-III, Siwan in connection with Darauli P.S. Case No. 100 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V./- U T