Patna High CourtCR. MISC./31590/2017bail granted

Rameshwar Sah And ANR v. State Of Bihar And ANR

2017-11-23Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31590 of 2017 Arising Out of PS. Case No.-31 Year-2017 Thana- SARAI RANJAN District- Samastipur ======================================================

1. Rameshwar Sah, Late Ram Ratan Sah,

2. Nira Devi @ Mira Devi, W/o Rameshwar Sah, Resident of Village- Sarairanjan, Tole Ajit Ganj, P.S.- Sarairanjan, DistrictSamastipur. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Smt. Soni Kumari D/o Chandeshwar Sah, Resident of Village- Sarairanjan, Tole Ajit Ganj, P.S.- Sarairanjan, Distt.- Samastipur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr. Pramod Kumar Singh, Advocate For the State :

Mr. NITYANAND, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-11-2017 No one appears on behalf of the opposite party No.2. 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/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-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 have falsely been implicated in the

Patna High Court Cr.Misc. No.31590 of 2017(6) dt.23-11-2017 2/2 present case. 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 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 A.C.J.M.-6, Samastipur in connection with Sarairanjan P.S. case No.31 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T