Guriya Devi And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58191 of 2017 Arising Out of PS.Case No. -823 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Guriya Devi, wife of Dharam Prakash.

2. Raj Kumar @ Guddu son of Sunil Sao.

3. Dharam Prakash son of Sunil Sao. All are resident of Mohalla- Mangal Talab, Chik Toli, Patna City, P.S. Chowk, District- Patna. .... .... Petitioners

Versus

1. The State of Bihar.

2. Jyoti Devi, wife of Late Birju Kumar, D/o Rajiv Sao, resident of Vakariya Tola, Maharajganj, P.S. Alamganj, District Patna. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Santosh Kumar Singh For the Opposite Party/s : Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-12-2017 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in a case instituted under Sections 498(A), 379, 323 and 504 of the Indian Penal Code.

The allegation against the petitioners is of committing torture upon the victim due to non-fulfillment of the 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.58191 of 2017 (2) dt.08-12-2017 2/2 petitioners. The petitioners have falsely been implicated in the present case. The case is triable by the Magistrate. The petitioners are in-laws of the victim. They are separate in mess and property from the husband of the victim. The petitioners have further relied upon the judgment of this court, in the case of Md. Naimul Haque Ansari Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the State, it has been submitted that the petitioners are named in the Complaint case.

Considering the aforesaid facts and circumstances, let the petitioners above named be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with C.A. No.823/2013 on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Patnacity, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T