Golden Pandey And ANR v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.51806 of 2016 (2) dt.19-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51806 of 2016 Arising Out of PS.Case No. -38 Year- 2016 Thana -MAHILA PS District- GOPALGANJ ======================================================

1. Golden Pandey,

2. Amit Pandey, Both are sons of Ramayan Pandey, resident of VillageBelsand Tiwaritola, P.S.- Baarauli, (Madhopur O.P.), District- Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Patima Devi, W/o Jitendra Kumar Pandey, D/o Gautam Upadhyay, R/o Village- Dumara, P.S.- Jamo Bazar, District- Siwan. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gajendra Kumar Singh For the Opposite Party/s : Mr. Sri Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-12-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State as well as learned counsel for the informant.

Petitioners are apprehending their arrest in a case instituted for the offences punishable under Sections 498-A, 406, 494/34 of the Indian Penal Code.

Allegation against these petitioners is of demand of dowry subjected to torture.

Learned counsel appearing for the petitioners submitted that these petitioners are Devars of the informant and they have no concern with the informant as there had already been partition in the family. Petitioners are quite innocent and have

Patna High Court Cr.Misc. No.51806 of 2016 (2) dt.19-12-2016 falsely been implicated in this case. Moreover, this case appears to be a counter case of Matrimonial Case No. 294 of 2016/129 of 2016, filed by the husband of the informant, in order to harass the family member of the husband.

Learned A.P.P. has submitted that these petitioners are named in the F.I.R.

Considering the facts and circumstances of the case, this anticipatory bail application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below, within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand rupees only) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Gopalganj in connection with Gopalganj Mahila P.S. Case No. 38 of 2016, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. (Arvind Srivastava, J.) Brajesh/- U T