Amod Choudhary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32560 of 2017 Arising Out of PS.Case No. -120 Year- 2017 Thana -PARWATTA District- KHAGARIA ======================================================

1. Amod Choudhary, S/o Late jamuna Choudhary

2. Basanti Devi, W/o Amod Choudhary Both Resident of VillageBharatkhand Akaha, P.S.-Parwatta, District-Khagaria .... .... Petitioners

Versus

1. The State of Bihar

2. Rupam Kumari, W/o Ashok Choudhary, D/o Diwakar Mishra, R/village-Kanhiyachak, P.S. Parwatta, Dist.-Khagaria .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Sevak Choudhary For the Opposite Party/s : Mr. Sri Murlidhar : Mr. Ranjeet Kumar Singh Mr. Pawan Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-08-2017 Heard learned counsel for the petitioners, learned counsel for the informant and learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in connection with Parwatta P.S. Case No. 120 of 2017 for the offences instituted under Sections 323, 307, 313, 498(A), 504/34 of the Indian Penal Code and 3⁄4 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.32560 of 2017 (3) dt.25-08-2017 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 informant and petitioner no.2 is mother-in-law of the informant. 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 Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State and counsel for the informant, it has been submitted that the petitioners are named in the F.I.R. 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 Parwatta P.S. Case No. 120 of 2017 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., Khagaria, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T