Vikash Tanti And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53219 of 2018 Arising Out of PS.Case No. -98 Year- 2018 Thana -BELHAR District- BANKA ======================================================
1. Vikash Tanti son of Late Jagdish Tanti
2. Shankar Tanti son of Late Jagdish Tanti
3. Sangita Devi Wife of Shankar Tanti
4. Rohit Tanti @ Rohit Kumar Tanti son of Late Jagdish Tanti
5. Budhani Devi wife of late Jagdish Tanti
6. Veena Devi wife of Brahamdeo Tanti
7. Aniket Kumar son of Sri Brahamdeo Tanti All resident of village - Loudhiya, P.O. + P.S. Belhar, District - Banka. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Sindhu Devi wife of Vikash Tanti, Daughter of Bhojal Tanti Village - Kushaha, P.O. Bashamata, P.S. - Belhar, District - Banka. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar For the Opposite Party/s : Mr. Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-09-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 498A, 504, 506/34 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
Patna High Court Cr.Misc. No.53219 of 2018 (2) dt.04-09-2018 petitioners have falsely been implicated in the present case due to 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, 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, Banka in connection with Belhar P.S. Case No. 98 of 2018, 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