Patna High CourtCR. MISC./50063/2017bail granted

Bindeshwari Thakur And ANR v. State Of Bihar And ANR

2017-10-17Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50063 of 2017 Arising Out of PS. Case No.-883 Year-2016 Thana- COMPLAINT CASE District- Supaul ====================================================== 1.

Bindeshwari Thakur, S/o Late Prithivi Thakur, 2.

Bhulia Devi wife of Bindeshwari Thakur, Both R/o VillageBaghia, P.S.- Rriveniganj, District- Supaul. ... ... Petitioner/s

Versus

The State of Bihar.

Sulekha Devi W/o Sushil Thakur, R/o Village- Baghla, P.S.- Triveniganj, District- Supaul, At present residing at Village- Kataiya, P.S.- Pira, DistrictSupaul. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amish Kumar For the Opposite Party/s :

Mr. SRI PRANAV KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-10-2017 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.50063 of 2017(2) dt.17-10-2017 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.

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 A.C.J.M. 1st, Supaul in connection with Complaint case No.883 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T