Patna High CourtCR. MISC./28141/2017bail granted

Brahmdeo Ram And ANR v. State Of Bihar And ANR

2017-07-13Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28141 of 2017 Arising Out of PS.Case No. -522 Year- 2016 Thana -MUNGER COMPLAINT CASE DistrictMUNGER ======================================================

1. Brahmdeo Ram, Son of Saryug Ram,

2. Dhano Devi, Wife of Brahmdeo Ram, Both are resident of VillageLakhochak, P.S.- Chanan, District- Lakhisarai. .... .... Petitioners

Versus

1. The State of Bihar.

2. Neelu Kumari, Wife of Chandan Kumar, Daughter of Sri Lakhan Ram, resident of Village- Lakhochak Police Station- Chanan, District- Lakhisarai. At present Village- Shivkund, P.S.- Dharhara, District- Munger. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Arjun Pd. Keshri For the Opposite Party/s : Mr. Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2017 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in connection with Complaint case No. 522(C)/2016 for the offences instituted under Sections 323, and 498(A) of the Indian Penal Code and Section 4 of D.P. Act.

The allegation against the petitioners is of committing torture upon the victim due to non-fulfillment of the 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.28141 of 2017 (2) dt.13-07-2017 2/2 allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The petitioner no.1 is father-in-law of the victim and petitioner no.2 is mother-in-law of the victim. They are separate in mess and property from the husband of the victim. The petitioners have further 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 has been submitted that the petitioners are named in the Complaint Case.

Considering the aforesaid facts and circumstances, let the petitioners above named be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Complaint case No. 522(C)/2016 on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Munger, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T