Sri Kameshwar Lal Das And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45547 of 2017 Arising Out of PS. Case No.-34 Year-2017 Thana- MAHILA PS District- Darbhanga ====================================================== 1.

Sri Kameshwar Lal Das, S/o Late Punit Lal Das age about 88 years, resident of Village- Kaithwar, P.S.- Saketpur, DistrictDarbhanga. Present Address- Shashwat Kutir infront of Sadar Prakhand Karyalaya Village Posanpure Kabirchak, P.S. Sadar, District- Darbhanga.

2.

Sri Chandra Mohan Lal Das, S/o Sri Kameshwar Lal Das age about 67 years, resident of Village- Kaithwar, P.S.- Saketpur, District- Darbhanga. Present Address- Shashwat Kutir Infront of Sadar Prakhand Karyalaya Village Posanpure Kabirchak, P.S. Sadar, District- Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shama sinha For the Opposite Party/s :

Mr. RAMESH CHANDRA ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-09-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 323, 504, 506, 498A, 354/34 of the Indian Penal Code.

Allegation against the petitioners is of committing torture upon the victim due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the

Patna High Court Cr.Misc. No.45547 of 2017(2) dt.19-09-2017 2/2 present case. The case is triable by the Magistrate. The petitioners have 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 State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/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) with two sureties of the like amount each to the satisfaction of learned C.J.M., Darbhanga in connection with Darbhanga Mahila P.S. case No.34 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T