Lalit Kumar Das And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15074 of 2018 Arising Out of PS.Case No. -129 Year- 2017 Thana -MUZFFARPUR COMPLAINT CASE DistrictMUZAFFARPUR ======================================================

1. Lalit Kumar Das, S/O Late Jaikrishna Das, R/O Village-Madhuban Kanti, P.S. Minapur, District-Muzaffarpur.

2. Seeta Devi, W/O Lalit Kumar Das, R/O Vill-Madhuban Kanti, P.S. Minapur, District-Muzaffarpur.

3. Janak Dulari Devi, W/O Late Jaikrishna Das, R/O Vill-Madhuban Kanti, P.S. Minapur, District-Muzaffarpur.

.... .... Petitioners

Versus

1. The State of Bihar.

2. Renu Devi, W/O Yudhisthir Kumar Das, R/O Vill-Madhuban Kanti, P.S. Minapur, District-Muzaffarpur.

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

For the Petitioners : Mr. Sanjay Parasmani, Advocate. For the State : Mr. Brajendra Nath Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-03-2018 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 Sections 498(A), 323 and 504 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 falsely been implicated in the present case due to petty family dispute. There is no allegation of

Patna High Court Cr.Misc. No.15074 of 2018 (2) dt.16-03-2018 2/2 tampering with the witnesses alleged against the petitioners. The case is triable by the Magistrate. The petitioners are in-laws of the victim. 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 @ 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 Sub- Judge-15-cumA.C.J.M.-14, Muzaffarpur, in connection with Complaint Case No. 129/17, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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