Vinay Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23729 of 2018 Arising Out of PS. Case No.-94 Year-2017 Thana- MAHILA P.S. District- Patna ======================================================

1. Vinay Kumar, S/o Late Ganesh Paswan, R/o Village- Nainchak, PS- Khagaul, District- Patna.

2. Chinta Devi, W/o Late Ganesh Paswan, R/o Village- Nainchak, PS- Khagaul, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Krishna Ballabha Sharma For the Opposite Party/s :

Mr. Nirmal Kumar Sinha For the Informant :

Mr. Arvind Kumar Mouar, Mr. Raj Krishna Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-04-2018 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the opposite party No. 2. The petitioners are apprehending their arrest in a case registered under Sections 498A, 506, 34 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 in-laws. They have falsely been

Patna High Court Cr.Misc. No.23729 of 2018(2) dt.23-04-2018 2/2 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 Smt. Priya Shekhar, Judicial Magistrate, 1st Class, Patna in connection with Mahila P.S. Case No. 94/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T