Chandrama Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43297 of 2017 Arising Out of PS.Case No. -131 Year- 2017 Thana -BUXAR INDUSTRIAL District- BUXAR ======================================================

1. Chandrama Rai, son of Late Bhim Roy,

2. Shankuntala Devi, Wife of Sri Chandrama Rai. Both are R/o MohllSharimpur, P.S.- Buxar (Ind.), Distt.- Buxar. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Rajiv Ranjan Kr. Pandey, Advocate. For the Opposite Party : Mr. Ajit Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-09-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Buxar (Industrial) P.S. Case No. 131/2017 for the offences instituted under Sections 341, 323, 498(A), 307, 506/34 of the IPC, 3⁄4 of the D. P. Act and 3(1) of Protection of Women from Domestic Violence Act.

The prosecution story, in brief, is that the accused persons including the petitioners tortured the informant due to non-fulfillment of demand of dowry.

It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent.

Patna High Court Cr.Misc. No.43297 of 2017 (2) dt.15-09-2017 2/2 There is no allegation of tampering with the witnesses alleged against the petitioners. They have falsely been implicated in the present case due to petty family dispute. 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. It has been submitted by learned counsel for the State that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on 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 Buxar (Industrial) P.S. Case No. 131/2017 on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Buxar, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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