Dr. Ramesh Prasad Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29565 of 2018 Arising Out of PS. Case No.-6 Year-2018 Thana- MAHILA P.S. District- Nawada ======================================================

1. Dr. Ramesh Prasad Singh, Son of Late Ram Lakhan Lal Singh (wrongly stated in F.I.R. as Ram Lakhan Prasad Singh),

2. Nira Rani Wife of Dr. Ramesh Prasad Singh, both are Resident of Siddhi Vinayak Hospital Near Shubhash Chowk C/o Kripali Singh, Nala Road 2nd floor., P.S.- Sadar (Begusarai), DistrictBegusarai (But in F.I.R. Address is given as both are R/o Bahadurpur Housing Colony Resident No. 2M/94 in front of Neera Vatika Awadh Apartment P.S.- Agamkuan, DistrictPatna.). ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashank Shekhar For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur For the informant :

Mr. Mahendra Prasad Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-05-2018 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the opposite party No. 2.

The petitioners are apprehending their arrest in a case registered under Sections 498A, 341, 323, 504, 506, 379/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act. 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

Patna High Court Cr.Misc. No.29565 of 2018(2) dt.11-05-2018 2/2 the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners are father-in-law and mother-in-law. They have falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The petitioners have 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 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) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Nawada in connection with Nawada (Mahila) P.S. Case No. 6/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T