Sumitra Devi And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34582 of 2018 Arising Out of PS. Case No.-2204 Year-2009 Thana- GAYA COMPLAINT CASE DistrictGaya ======================================================

1. Sumitra Devi, Wife of Late Mohan Prasad.

2. Anuj Kumar, Son of Late Mohan Prasad. Both residents of Mohalla- Ram Nagar, Police Station and District- Jehanabad.

3. Savitri Devi, Wife of Krishnandan Prasad, Resident of VillageAmain, Police Station- Shakurabad, District- Jehanabad. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Kavita Devi, Wife of Ajit Kumar, Daughter of Sri Umesh Singh, Resident of Mohalla- Ram Nagar, Police Station and District- Jehanabad, at present resident of Village- Kalyanpur, Police Station- Tekari, District- Gaya. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gajendra Kumar Singh For the Opposite Party/s :

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-06-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case in which cognizance has been taken under Section 498(A) and 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

Patna High Court Cr.Misc. No.34582 of 2018(2) dt.18-06-2018 2/2 petitioners. The petitioners are in-laws. 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 Smt. Survi Srivastava, Judicial Magistrate, 1st Class, Gaya in connection with Complaint Case No. 2204 of 2009, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T