Mahatam Kushwaha @ Mahatam Prasad And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52368 of 2017 Arising Out of PS.Case No. -47 Year- 2016 Thana -MAHILA PS District- GOPALGANJ ======================================================

1. Mahatam Kushwaha @ Mahatam Prasad, Son of Late Dudhnath Kushwaha,

2. Bhagmani Devi @ Bhayanati Devi W/o Mahatam Kushwaha, Both are R/o 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/o Village- Bankhe Bazar, P.S.- Uchkagaon, District- Gopalganj. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Ajay Mishra, Advocate. For the State : Mr. Arun Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-11-2017 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) 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 petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged

Patna High Court Cr.Misc. No.52368 of 2017 (2) dt.09-11-2017 2/3 against the 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 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 @ 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 S.D.J.M. Gopalganj, in connection with Gopalganj Mahila P.S. Case No. 47/2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Patna High Court Cr.Misc. No.52368 of 2017 (2) dt.09-11-2017 3/3 U.K./- (Sudhir Singh, J) U T