Urmila Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37281 of 2017 Arising Out of PS.Case No. -390 Year- 2016 Thana -NARPATGANJ District- ARRARIA ======================================================

1. Urmila Devi, W/o Bindeshwari Singh @ Bindeshwari Mandal,

2. Bindeshwari Singh @ Bindeshwar Mandal, S/o Late Pithibi Lal Singh @ Prithibi Chand Mandal,

3. Sachin Kumar Singh, S/o Bindeshwari Singh @ Bindeshwari Mandal, All resident of Nathpur, P.S.- Narpatganj, District- Araria.

4. Suresh Singh @ Suresh Kumar Singh, S/o Late Jagdish Sing,

5. Shambhu Singh @ Shambhu Kumar Singh, S/o Late Jagdish Singh, All resident of Jharkaha, Koshakapur, P.S.- Narpatganj, District- Araria. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Kundan Kumar Singh, Advocate. For the Opposite Party : Mr. Ataur Rahman, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-08-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Narpatganj P.S. Case No. 390/2016 for the offences instituted under Sections 147, 341, 323, 325, 504 and 498(A) of the IPC.

The prosecution story, in brief, is that the accused persons including the petitioners tortured the informant due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioners that the

Patna High Court Cr.Misc. No.37281 of 2017 (2) dt.10-08-2017 2/2 petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. They have falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. 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 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 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 Narpatganj P.S. Case No. 390/2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Araria, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T