Krit Pandey And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10462 of 2018 Arising Out of PS. Case No.-1811 Year-2017 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ======================================================

1. Krit Pandey son of Bikrama Pandey

2. Bidawati Devi wife of Krit Pandy, both resident of village Pandey Khareya, P.S. Gopalpur, District Gopalganj, Bihar ... ... Petitioner/s

Versus

1. State Of Bihar

2. Anita Devi wife of Ajeet Kumar Pandey, daughter of Ashok Tiwary, resident of village Pandey Khareya, P.S. Gopalpur, District Gopalganj, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Indrajeet Bhushan, Advocate For the State :

Mr. Pawan Kumar Chaurasiya, APP For opposite party No.2 :

Mr. Upendra Yadav, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-02-2018 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the opposite party No.2. The petitioners are apprehending their arrest in a case registered under Section 498A 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 have relied upon the judgment of this Court in the

Patna High Court Cr.Misc. No.10462 of 2018(2) dt.22-02-2018 2/2 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 and learned counsel for the opposite party No.2, 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 A.C.J.M. XI, Gopalganj in connection with Tr. No.2069 of 2017 arising out of Complaint case Reg. No.1811 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Narendra/- (Sudhir Singh, J) U T