Ajay Kumar Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58367 of 2018 Arising Out of PS. Case No.-125 Year-2018 Thana- PATAHI District- East Champaran ======================================================

1. Ajay Kumar Singh, s/o- Lal Bihari Singh, r/o- village Musapur Road, Sonbarsa Chowk, P.S.- Samastipur Town, District- Samastipur.

2. Veena Singh, d/o- Bachcha Singh, r/o- village Bhagwan Bazar Station, Kachahari Road, P.S.- Chapra Town, District- Saran at present address, w/oAjay Kumr Singh village Musapur Road, Sonbarsa Chowk, P.S.- Samastipur Town, District- Samastipur.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar For the Opposite Party/s :

Mr. Sri Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-09-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 498A, 313, 354(B), 307, 504, 506, 34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act. Allegation against the petitioners is of committing torture and assault 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 allegation of tampering of witnesses alleged against the petitioners. The petitioners are in-laws. They have falsely been

Patna High Court Cr.Misc. No.58367 of 2018(2) dt.18-09-2018 2/2 implicated in the present case due to petty family dispute. There is no medical report to support the allegations for constituting offence under Sections 307 and 313 IPC of the Indian Penal Code. Rest of the offences are 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 Additional Sessions Judge 9th, East Champaran at Motihari in connection with Patahi P.S. Case No. 125/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.