Patna High CourtCR. MISC./59694/2017bail granted

Tetari Devi And ANR v. State Of Bihar And ANR

2017-12-11Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59694 of 2017 Arising Out of PS. Case No.-40 Year-2017 Thana- MAHILA P.S. District- Rohtas ======================================================

1. Tetari Devi, Wife of Rangnath Pandey,

2. Prahlad Pandey, son of Late Parshuram Pandey, Both residents of Village- Ram Kekai, Police Station- Shivsagar, DistrictRohtas at Sasaram. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Kiran Devi, Wife of Sunil Pandey, daughter of Parshuram Tiwari, resident of Village- Tiwaridih, Police Station- Sasaram (M), District- Rohtas at Sasaram. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raghunandan Kumar Singh, Adv.

For the Opposite Party/s :

Mr. MURLIDHAR, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-12-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 498A, 341, 323, 328, 406 and 504/34 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 petitioners have relied upon the judgment of

Patna High Court Cr.Misc. No.59694 of 2017(2) dt.11-12-2017 2/2 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 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 Additional Chief Judicial Magistrate, Rohtas at Sasaram in connection with Mahila Thana Police Station Case No.40 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