Patna High CourtCR. MISC./23931/2018bail granted

Dharmendra Kumar Singh @ Dharmendra Singh And ORS v. State Of Bihar And ANR

2018-04-23Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23931 of 2018 Arising Out of PS. Case No.-263 Year-2017 Thana- PHULWARIA District- Gopalganj ======================================================

1. Dharmendra Kumar Singh @ Dharmendra Singh.

2. Upendra Singh Both sons of Late Ramdeo Singh.

3. Nilam Devi, wife of Dharmendra Singh.

4. Mamta Devi, wife of Upendra Singh

5. Sangita Devi

6. Soni Devi @ Sonia Devi Both daughter of Late Ramdeo Singh.

7. Lilawati Devi, wife of Late Ramdeo Singh. All Resident of Village- Kishundeo Chhapar, Police Station- Fulwaria, DistrictGopalganj. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Manju Devi, wife of Pappu Singh, Daughter of Mohan Singh, Resident of Village- Songarhwa, P.O. Songarhwa, P.S. Sripur, District- Gopalganj. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raghav Prasad For the Opposite Party/s :

Mr. Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-04-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 498A 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.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no

Patna High Court Cr.Misc. No.23931 of 2018(2) dt.23-04-2018 2/2 allegation of tampering of witnesses alleged against the petitioners. The petitioners are in-laws. They have falsely been implicated in the present case due to petty family dispute. 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 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. XII, Gopalganj in connection with Fulwaria P.S. Case No. 263/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T