Punam Devi And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.40643 of 2017 (2) dt.25-08-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40643 of 2017 Arising Out of PS.Case No. -101 Year- 2017 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Punam Devi, W/o Kamta Prasad Singh,
2. Ram Pratap Singh Son of Late Jagarnath Singh,
3. Shanti Devi W/o Ram Pratap Singh,
4. Bul Bul Singh @ Niharika Singh D/o Kamta Prasad Singh(Guru), All R/o Village- Barkagawn, P.S.- Pakaridayal, District- East Champaran at Motihari.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mahendra Thakur, Advocate For the Opposite Party/s : Dr.Mrityunjaya Kr.Gautam, 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), 307, 313, 315, 316, 328, 406/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act and 23 of Preconception and Premated Diagnostic Technical Prohibition of Selection Act, 1996.
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
Patna High Court Cr.Misc. No.40643 of 2017 (2) dt.25-08-2017 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 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 learned C.J.M., Motihari in connection with Chakia P.S. case No.101 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