Yashbant Rai And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11035 of 2018 Arising Out of PS. Case No.-133 Year-2017 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ======================================================

1. Yashbant Rai, son of Late Bindeshuri Rai

2. Mintu Devi @ Mintu Kumari, wife of Yashbant Rai Both are resident of village Jhamatiya, P.S.- Bachhwara, District- Begusarai. ... ... Petitioner/s

Versus

1. The State Of Bihar

2. Priyanka Kumari, d/o- Ramakant Pandey, r/o- village Chaita, P.s.- Angarghat, District- Samastipur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Sinha For the Opposite Party/s :

Mr. BHARAT BHUSHAN ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-02-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case in which cognizance has been taken under Section 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 allegation of tampering of witnesses alleged against the petitioners. The petitioners are father-in-law and mother-in-law

Patna High Court Cr.Misc. No.11035 of 2018(2) dt.26-02-2018 2/2 respectively of the victim. They have falsely been implicated in the present case due to petty family dispute. They are separate in mess and property with the husband of the deceased. 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.

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 Sri V.K. Singh, Judicial Magistrate 1st Class, Dalsingsarai, District- Samastipur in connection with Complaint Case No. 133 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T