Pramila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35231 of 2021 Arising Out of PS. Case No.-35 Year-2019 Thana- MAHILA P.S. District- Sitamarhi ====================================================== 1.

PRAMILA DEVI W/o Ram Niwas Mehta Resident of Village - Rewasi, P.S. - Riga, District - Sitamarhi.

2.

Ram Niwas Mehta S/O Late Nandlal Mehta Resident of Village - Rewasi, P.S. - Riga, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha, Advocate For the Opposite Party/s :

Smt. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-08-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. The petitioners are apprehending their arrest in connection with Mahila P.S. case No.35/19 registered under Sections 498A/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioners is of committing torture upon the victim due to non-fulfilment of demand of dowry.

Patna High Court CR. MISC. No.35231 of 2021(2) dt.05-08-2021 2/3 It has been submitted on behalf of the petitioners that the petitioner No.1 has 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 petitioner No.1 is mother-in-law and petitioner No.2 is father-in-law of the victim. 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 facts and circumstances of the case and also the lockdown, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned S.D.J.M. Sadar, Sitamarhi in connection with Mahila P.S. case No.35/19, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioners will furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with

Patna High Court CR. MISC. No.35231 of 2021(2) dt.05-08-2021 3/3 two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T