Bhrigunath Gupta And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60581 of 2017 Arising Out of PS.Case No. -4554 Year- 2016 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================

1. Bhrigunath Gupta, Son of Laxmi Gupta.

2. Laxmi Gupta, Son of Tapesar Sah.

3. Gulabi Devi, Wife of Laxmi Gupta.

4. Swaminath Gupta @ Swaminath Sah, Son of Laxmi Gupta.

5. Arti Devi, Wife of Swaminath Gupta. All are residents of Village - Mishr Khajurha P.S. Bhore, District Gopalganj. .... .... Petitioners

Versus

1. The State of Bihar.

2. Aasha Devi Wife of Bhrigunath Gupta, Daughter of Gowardan Prasad Resident of Village Sisai Bazar, P.S. Bhore, District Gopalganj. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Javed Aslam, Advocate. For the State : Mr. Md. Arif, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-12-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Section 498(A) 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.60581 of 2017 (2) dt.13-12-2017 2/2 against the petitioners. The petitioners have falsely been implicated in the present case due to petty family dispute. The petitioner no.1 is the husband of the victim and others are in-laws of the victim. The case is triable by the Magistrate. 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 C.J.M. Gopalganj, in connection with Complaint Case No. 4554 of 2016, Trial No. 690 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T