Arun Kumar Gupta And ORS. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17794 of 2018 Arising Out of PS. Case No.-1480 Year-2016 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ======================================================

1. Arun Kumar Gupta Son of late Brahm Deo Gupta

2. Smt. Reena Devi wife of Arun Kumar Gupta

3. Rohan Kumar Son of Sri Arun Kumar Gupta Resident of Tilkamanjhi , Hatia Road, P.S. P.O. Tilkamanjhi, District Bhagalpur.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Somya Kumari D/o Vishnudeo Mandal R/o Hathiyanda, Jhoparpatti, Mayaganj, P.S. Barari, Distt. Bhagalpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Karuna Nath Sahay For the Opposite Party/s :

Mr. NITYANAND TIWARY ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-03-2018 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, 498A/34 of the Indian Penal Code and 4 of Dowry Prohibition Act.

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.17794 of 2018(2) dt.29-03-2018 2/2 petitioners. The petitioners are in-laws. They have falsely been implicated in the present case due to petty family dispute. 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 Complaint Case/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 learned S.D.J.M., Bhagalpur in connection with Complaint Case No. 1480/2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T