Patna High CourtCR. MISC./35930/2017bail granted

Vijay Kumar Kushwaha And ANR v. The State Of Bihar

2017-08-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35930 of 2017 Arising Out of PS.Case No. -174 Year- 2016 Thana -ALAMGANJ District- PATNA ======================================================

1. Vijay Kumar Kushwaha S/o Late Bhagwan Das Mahto

2. Parwati Devi wife of Vijay Kumar Kushwaha, Both Resident of Dadar Mandi, Machhali Hat, Patna City, P.O. Gulzarbagh, P.S. Alamganj, District Patna.

.... .... Petitioners

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar For the Opposite Party/s : Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-08-2017 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in connection with Alamganj P.S. Case No. 174/2016, for the offence instituted under Sections 342, 323, 313, 307, 498(A)/34 of the Indian Penal Code.

The allegation against the petitioners is of committing torture upon the victim due to non-fulfillment of the 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.35930 of 2017 (02) dt.10-08-2017 2/2 petitioners. The petitioners have falsely been implicated in the present case. The petitioner No.1 is father-in-law of the victim and petitioner no.2 is mother-in-law of the victim. They are separate in mess and property from the husband of the victim. On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Alamganj P.S. Case No. 174/2016 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., Patna City, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T