Anita Devi And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31866 of 2018 Arising Out of PS. Case No.-315 Year-2017 Thana- KASIMBAZAR District- Munger ======================================================

1. Anita Devi wife of Shri Prakash Sah @ Sri Lal Sah (mother-in-law)

2. Shri Prakash Sah @ Sri Lal Sah (father-in-law) son of late Feku Sah

3. Ajay Kumar son of Sri Prakash Sah (Husband), all resident of Mohalla Koura Maidan Jamalpur Road, P.S. Kasim Bazar, District Munger ... ... Petitioner/s

Versus

1. State Of Bihar

2. Gunjan Gupta wife of Ravi Kumar, resident of Mohalla Koura Maidan, P.S. Kasim Bazar, District Munger ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar Singh For the Opposite Party/s :

Mr. Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Section 498A 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 petitioners. The petitioners have falsely been implicated in the present case. The case is triable by the Magistrate. The petitioners have relied upon the judgment of this Court in the

Patna High Court Cr.Misc. No.31866 of 2018(4) dt.10-07-2018 2/2 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/F.I.R.

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) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger in connection with Kasim Bazar P.S. case No.315 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