Indrawati Devi And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48352 of 2017 ======================================================
1. Indrawati Devi, wife of Late Harikishore Thakur.
2. Bishwanath Prasad, son of Late Laxmi Thakur.
3. Bindeshwar Kumar, son of Bishwanath Prasad, resident of VillageDahibhatta, Police Station- Uchkagaon, District- Gopalganj. .... .... Petitioners
Versus
1. The State of Bihar.
2. Manisha Devi, wife of Bindeshwar Kumar, daughter of Krishkant Singh, resident of Village- Dahibhatta, Police Station- Uchkagaon, District- Gopalganj. At present resident of Village- Matihaniya Nain, Police Station- Mirganj, District- Gopalganj. .... .... Opposite Parties ====================================================== Appearance :
For the Petitioners : Mr. Umesh Kumar Singh, Advocate. For the State : Mrs. Anusuiya Jaiswal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-10-2017 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 498(A), 494/34 of the IPC and 3⁄4 of the D. P. Act.
The prosecution story, in brief, is that the accused persons including the petitioners tortured the victim due to nonfulfillment of demand of 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
Patna High Court Cr.Misc. No.48352 of 2017 (2) dt.12-10-2017 2/2 implicated in the present case due to petty family dispute. The petitioner no. 1 is the mother-in-law of the victim, petitioner no. 2 is the husband of the victim and petitioner no. 3 is the father-inlaw 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 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 the learned A.C.J.M. IV, Gopalganj, in connection with Uchkagaon P.S. Case No. 101 of 2017, G.R. No. 2158 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Sudhir Singh, J) U T