Ram Jiwan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29797 of 2023 Arising Out of PS. Case No.-36 Year-2022 Thana- MAHILA P.S. District- Rohtas ====================================================== 1.

Ram Jiwan Singh, Son Of Late Nasibi Singh, R/O Village- East Bhikha Chak, P.O.- Anishabad, P.S.- Gardanibagh, District- Patna. 2.

Manju Devi, Wife Of Ram Jiwan Singh, R/O Village- East Bhikha Chak, P.O.- Anishabad, P.S.- Gardanibagh, District- Patna. 3.

Sulekha Kumari @ Rinku @ Kumari Sulekha, Wife Of Niranjan Kumar, R/O Village- Bhikha Chak, P.O.- Anishabad, P.S.- Gardanibagh, DistrictPatna. 4.

Niranjan Kumar, S/O Shailendra Kumar @ Shailendra Yadav, R/O VillageBhikha Chak, P.O.- Anishabad, P.S.- Gardanibagh, District- Patna. 5.

Virendra Prasad @ Vijendra Kumar, S/O Ram Jiwan Singh, R/O VillageSarifa Ganj, P.S.- Simali Murarpur, District- Patna. ... ... Petitioners

Versus

1.

The State of Bihar.

2.

Deepu Kumari, W/O Kumar Gaurav @ Tinku, G/O Late Ganor Rai, R/O Narayanpur, P.S.- Maneekpur, P.S.- Inderpuri, Present Address, R/O VillageGhagha Gali, Chock, Patna City, P.S.- Khajekala, District- Patna. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioners :

Mrs. Kiran Kumari Sharma, Advocate For the State :

Mr. Md. Anbzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-06-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 341, 323, 498(A), 354, 427, 379, 504 and 506/34 of the I.P.C.

Allegation against the petitioners is of committing torture upon the victim due to non-fulfilment of demand of

Patna High Court CR. MISC. No.29797 of 2023(2) dt.24-06-2023 2/3 dowry.

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 petitioner no. 1 is the father-in-law, petitioner no. 2 is the mother-in-law, petitioner no. 3 is the sister-in-law (Nanad), petitioner no. 4 is the brother-in-law (Nandoi) and petitioner no. 5 is the brother-in-law (Bhaisur) 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 counsel for the State, 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 twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two

Patna High Court CR. MISC. No.29797 of 2023(2) dt.24-06-2023 3/3 sureties of the like amount each to the satisfaction of learned court below/concerned court, in connection with Mahila P.S. Case No. 36 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The petitioners are directed to co-operate during the trial. If the petitioners do not co-operate during the trial, the court below will be at liberty to cancel the bail bonds of the petitioners.

If so advised, either of the parties will be at liberty to make an application before the court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement. In case, any such application is made by either of the parties, the court below shall refer the matter to the District Mediation Centre. (Sudhir Singh, J) U.K./- U T