Chano Devi And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13576 of 2018 Arising Out of PS. Case No.-30 Year-2017 Thana- MADHEPURA COMPALINT CASE District- Madhepura ======================================================

1. Chano Devi w/o late Lalo Paswan

2. Nishu Devi w/o Anoj Paswan, both residents of village Jotaili, P.S. Bihariganj, District Madhepura ... ... Petitioner/s

Versus

1. State Of Bihar

2. Sunita Devi w/o Anoj Paswan, D/o Late Bhagwat Paswan, resident of village Jotaili, P.S. Bihariganj, district Madhepura, presently resident of village Chousa West, P.S. Chousa, District Madhepura ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pawan Kumar For the Opposite Party/s :

Mr. SANJAY KUMAR PANDEY ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-03-2018 Counsel for the petitioners is permitted to make necessary correction in para 9 of the petition in course of the day. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 323, 498A, 494 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 have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court Cr.Misc. No.13576 of 2018(2) dt.08-03-2018 2/2 petitioners. The petitioners have falsely been 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.

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 S.D.J.M., Udakishunganj, District Madhepura in connection with Complaint case No.30 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T