Upendra Singh And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31013 of 2017 Arising Out of PS.Case No. -128 Year- 2017 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Upendra Singh, son of Bacha Singh,

2. Prabhu Singh, son of Bacha Singh,

3. Malti Devi, W/o Upendra Singh,

4. Nandani Devi, W/o Bacha Singh,

5. Bacha Singh, son of Late Bishwanath Singh, All are resident of villageChand Parsha, P.S. Kesariya, District-East Champaran. .... .... Petitioners

Versus

1. The State of Bihar,

2. Kushbu Devi, Wife of Niraj Singh, D/o Raj Kishore Singh, Resident of village-Barharwa, P.S. Turkauliya, District-East Champaran. .... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-09-2017 Heard learned counsel for the petitioners, learned counsel appearing on behalf of O.P. No.2 and the learned A.P.P. for the State. The petitioners apprehend their arrest in connection with Keshariya P.S. Case no. 128 of 2017, registered under Section 498(A) of the Indian Penal Code and Section 3 /4 of the Dowry Prohibition Act.

The accusation is of torturing of the informant/O.P. No.2 at the hand of her husband and other in-laws due to non-fulfillment of demand of dowry and also removing her from matrimonial house. Learned counsel for the petitioners submits that petitioners are in-laws of the O.P. No.2 and at present informant/O.P.

Patna High Court Cr.Misc. No.31013 of 2017 (4) dt.13-09-2017 2/2 No.2 is residing in her matrimonial house with her husband Neeraj Singh.

On the other hand, learned counsel appearing on behalf of O.P. No.2 submits that O.P. No.2 has no objection, if the petitioners are allowed pre-arrest bail.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran, Motihari in connection with Keshariya P.S. Case No. 128 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T