Vishwanath Parvat And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30461 of 2017 Arising Out of PS.Case No. -2350 Year- 2016 Thana -SIWAN COMPLAINT CASE DistrictSIWAN ======================================================

1. Vishwanath Parvat, S/o Sheo Prasad Parvat,

2. Kalawati Devi, W/o Awadhesh Parvat,

3. Shailesh Parvat, S/o Vishwanath Parvat, All are residence of Vilage Bhatwalia, P.S. - Sidhwalia, Distt.- Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Poonam Devi, Father's name- Vakil Bharti, Residence of VillageGoriya Kothi West Mathia, P.S.- Gorya Kothi, Distt.- Siwan. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioners : Mr. Sushil Kumar, Advocate For the State : Mr. Ram Naresh Ray, APP For Opposite Party No.2 : Mr. Ajay Kr. Pandey, Advocate Mrs. Rinki Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2017 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the complainant. The petitioners are apprehending their arrest in a case registered under Sections 498(A), 403 and 323 of the Indian Penal Code.

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 earlier also a similar case was filed with similar allegation. The same has been dropped. There is no allegation of tampering of

Patna High Court Cr.Misc. No.30461 of 2017 (2) dt.13-07-2017 2/2 witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. 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 and learned counsel for the complainant, it is submitted that the petitioners are named in the complaint case.

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., Siwan in connection with Complaint case No.2350 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T