Arun Kumar @ Arun Kumar Mishra And ANR v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.40850 of 2017 (2) dt.25-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40850 of 2017 Arising Out of PS.Case No. -41 Year- 2017 Thana -RISHIUP District- AURANGABAD ======================================================

1. Arun Kumar @ Arun Kumar Mishra, S/o Yugeshwar Mahto,

2. Kamla Devi, W/o Arun Kumar, Both resident of Village- Dheura Bigha, P.S.- Risiup, District- Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Rina Kumari, D/o Sri Ram Dahin Mahto, W/o Dhirendra Kumar, resident of Village- Dheura Bigha, P.S.- Risiup, District- Aurangabad. At present resident of Village- Shivganj, P.S.- Madanpur, District- Aurangabad. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amarendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Ram Bachan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-08-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 498(A), 313, 379 and 504/34 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 the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court Cr.Misc. No.40850 of 2017 (2) dt.25-08-2017 petitioners. The petitioners have falsely been implicated in the present case. 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 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) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate VIII, Aurangabad in connection with Risiup P.S. case No.41 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