Meera Devi And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12750 of 2018 Arising Out of PS.Case No. -2643 Year- 2015 Thana -EAST CHAMPARAN COMPLAINT District- EASTCHAMPARAN(MOTIHARI) ======================================================

1. Meera Devi, W/o Late Ramjanam Singh,

2. Bachu Singh S/o Late Ramjanam Singh,

3. Chunu Singh @ Chunnu Devi W/o Bachu Singh, All R/o VillageMunda Vishunpur, P.S.- Phenhara, District- East Champaran.

4. Kamlesh Singh S/o Jagdish Singh, R/o Village- Khutauna, P.S.- Patahi, District- East Champaran.

.... .... Petitioners

Versus

1. The State of Bihar.

2. Sunita Kumari D/o Laxmi Kunwar, R/o Village- Rampur Manorath, P.S.- Patahi, District- East Champaran.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Abhishek Kumar @ Sonu Babu and Mr. Umesh Chandra Verma and Rashmi Jha, Advocates.

For the State : Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-03-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Section 498(A) of the IPC. The prosecution story, in brief, is that the accused persons including the petitioners tortured the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been

Patna High Court Cr.Misc. No.12750 of 2018 (2) dt.07-03-2018 2/2 implicated in the present case due to petty family dispute. The petitioners are in-laws of the victim. They are separate in mess and property from the husband of the victim. 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 learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or 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 the learned C.J.M. East Champaran at Motihari, in connection with Trial No. 2276 of 2017, arising out of Complaint Case No. C-2643 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T