Kaushal Kishor Pandey And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43542 of 2017 Arising Out of PS.Case No. -136 Year- 2017 Thana -MAIRWA District- SIWAN ======================================================

1. Kaushal Kishor Pandey (Sashur) s/o Ramashankar Pandey. null

2. Aarti Devi (Sash) w/o Kaushal Kishor Pandey. null

3. Digvijay Pandey (Bhashur) s/o Kaushal Kishor Pandey. null

4. Sarita Devi @ Sarita Pandey (Gotani) w/o Digvijay Pandey. null

5. Gunjan Pandey (Bhashur) s/o Kaushal Kishor Pandey.

6. Saroj Devi (Gotani) w/o Gunjan Pandey. All are resident of VillageBadheya Hardo, P.O.- Larroad, P.S. Lar, District- Deoria (U.P.). .... .... Petitioners

Versus

1. The State of Bihar.

2. Bandana Devi w/o Shatrughan Pandey, d/o Krishna Murari Pandey, r/o village English, P.S. Mairawa, District- Siwan. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Chandra Kant, Advocate. For the State : Mr. Ram Bachan Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-09-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Mairwa P.S. Case No. 136/2017 for the offences instituted under Sections 498(A), 323, 313, 316/34 of the IPC and 3⁄4 of the D.P. Act.

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

It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent.

Patna High Court Cr.Misc. No.43542 of 2017 (2) dt.15-09-2017 2/2 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 petitioners are inlaws of the informant. They are separate in mess and property from the husband of the informant. 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.

It has been submitted by learned counsel for the State 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 Mairawa P.S. Case No. 136/2017 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 J.M. Siwan, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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