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Patna High CourtCR. MISC./41257/2017bail granted

Parshuram Singh And ANR v. State Of Bihar And ANR

2017-08-25Mr. Justice Sudhir Singh2 pages

Patna High Court Cr.Misc. No.41257 of 2017 (2) dt.25-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41257 of 2017 Arising Out of PS.Case No. -3940 Year- 2016 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================

1. Parshuram Singh son of Ganesh Bhagat

2. Anarkali Devi wife of Parshuram Singh, both 1 & 2 resident of village Ekdenga, P.O. Bhagwanpur, P.S. Mirganj, District Gopalganj .... .... Petitioner/s

Versus

1. The State of Bihar

2. Seema Devi wife of Dhurup Singh, daughter of Birbal Singh, resident of village Trilokpur Tola, P.O. Jamsad, P.S. Uchkagaon, District Gopalganj .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Pandey No-5, Advocate For the Opposite Party/s : Mr. Tarun Prasad Mandal, 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 Section 498A/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 petitioners. The petitioners have falsely been implicated in the present case. The case is triable by the Magistrate. The petitioners

Patna High Court Cr.Misc. No.41257 of 2017 (2) dt.25-08-2017 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 complaint case.

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 Additional Chief Judicial Magistrate IX, Gopalganj in connection with Complaint case No.3940 of 2016/Trial No.1919 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