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Patna High CourtCR. MISC./11678/2018bail granted

Satyadayal Prasad @ Satyadayal Chandrabanshi And ORS v. State Of Bihar And ANR

2018-03-05Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11678 of 2018 Arising Out of PS. Case No.-64 Year-2017 Thana- MAHILA P.S. District- Rohtas ======================================================

1. Satyadayal Prasad @ Satyadayal Chandrabanshi son of late Saryu Prasad

2. Manjhari Devi @ Manmani Devi wife of Satyadayal Prasad

3. Minta Devi wife of Ramesh Prasad Chandrabanshi

4. Bam Bhola son of Satyadayal Prasad, all resident of village Barbhanpurwa, P.S. Nokha, District Rohtas (Bihar) ... ... Petitioner/s

Versus

1. State Of Bihar

2. Shakuntala Devi daughter of Ramayan Prasad Chandrabanshi, resident of village Urada, P.S. Chenari, District Rohtas ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar Singh For the Opposite Party/s :

DR. AJEET KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-03-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 498A, 341, 323/34 of the Indian Penal Code.

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 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners has falsely been implicated in the present case. The case is triable by the Magistrate. The petitioners has relied upon

Patna High Court Cr.Misc. No.11678 of 2018(2) dt.05-03-2018 2/2 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 Chief Judicial Magistrate, Rohtas at Sasaram in connection with Mahila P.S. case No.64 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Narendra/- (Sudhir Singh, J) U T