Bipin Singh @ Bipin Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36179 of 2017 Arising Out of PS.Case No. -283 Year- 2012 Thana -DESARI District- VAISHALI(HAJIPUR) ======================================================

1. BIPIN SINGH @ BIPIN KUMAR, Son of Sunil Singh.

2. Sandeep Kumar @ Sandeev Kumar @ Sanjeev Kumar, Son of Sunil Singh.

3. Chinta Devi, Wife of Sunil Singh.

4. Khusboo Devi, Wife of Bipin Singh, All resident of Village Shahadi, P.S. Amanpur, District- Saran.

.... .... Petitioners

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Gyanendra Kumar Shukla For the Opposite Party/s : Mr. Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-08-2017 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in connection with Desari P.S. Case No.283 of 2012 for the offences instituted under Sections 420, 498-A, 406, 379, 323 and 504/34 of the Indian Penal Code.

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 allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the

Patna High Court Cr.Misc. No.36179 of 2017 (02) dt.10-08-2017 2/2 present case. The case is triable by the Magistrate. The petitioner no.1 and petitioner no.2 are brother-in-law of the victim, the petitioner no.3 is mother-in-law of the victim and petitioner no.4 is gotni 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 State, 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 Desari P.S. Case No.283 of 2012 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.-II, Vaishali at Hajipur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T