Seema Devi @ Reshma Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46585 of 2017 Arising Out of PS.Case No. -117 Year- 2017 Thana -KUCHAIKOTE District- GOPALGANJ ======================================================

1. Seema Devi @ Reshma Devi, W/o Sheo Kushwaha @ Vidya Kushwaha,

2. Dharmendra Kumar Kushwaha @ Dharmendra Kushwaha @ Sheo Kushwaha.

3. Shailendra Kushwaha, S/o Vidya Singh @ Sheo Kushwaha, Petitioner No. 1 to 3 are resident of Vill. Bagahi, P.S. Kateya, Dist.- Gopalganj.

4. Pinki Kumari, D/o Vidya Singh @ Sheo Kushwaha, A/P W/o Deepak Kushwaha. R/o Kalyanpur, P.S. Sripur, Dist.- Gopalganj. .... .... Petitioners

Versus

The State of Bihar.

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

For the Petitioners : Mr. Ajay Kumar Sharma, Advocate. For the Opposite Party : Mr. Chandra Bhushan Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-09-2017 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the opposite party no. 2.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 498(A), 323, 406 and 504/ 34 of the IPC.

The prosecution story, in brief, is that the accused persons including the petitioners tortured the victim due to nonfulfillment of demand of dowry.

Patna High Court Cr.Misc. No.46585 of 2017 (2) dt.21-09-2017 2/3 It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case due to petty family dispute. The petitioners are in-laws of the victim. They are separate in mess and property from the husband of the victim. 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 learned counsels for the State and opposite party no. 2, it has been submitted that the petitioners are named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or 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 the learned Chief Judicial Magistrate, Gopalganj, in connection with Kuchaikote P. S. Case No. 117 of 2017, subject to the conditions as laid down under

Patna High Court Cr.Misc. No.46585 of 2017 (2) dt.21-09-2017 3/3 Section 438(2) of the Code of Criminal Procedure. U.K./- (Sudhir Singh, J) U T