Amarjit Kushwaha And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50270 of 2017 ======================================================

1. Amarjit Kushwaha, S/O Late Dudhnath Kushwaha.

2. Guddi Devi, W/O Late Dudhnath Kushwaha. Both are residents of Village- Amethi Khurd, P.S. Thawe, District-Gopalganj. .... .... Petitioners

Versus

1. The State of Bihar.

2. Rinku Devi, W/O Amarjit Kushwaha, D/O Uma Shankar Prasad, R/VBankhe Bazar, P.S. Uchkagaon, District-Gopalganj. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Ajay Mishra, Advocate. For the State : Smt. Veena Kumari Jaiswal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-10-2017 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the opposite party no. 2.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 498(A) and 494/34 of the IPC.

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 petitioner 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.50270 of 2017 (2) dt.17-10-2017 2/2 implicated in the present case due to petty family dispute. The petitioner no. 1 is the husband of the victim and petitioner no. 2 is the mother-in-law 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 counsels for the State and opposite party no. 2, 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 S.D.J.M. Gopalganj, in connection with Gopalganj Mahila P.S. Case No. 47/16, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T