Nifikir Sahani And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41053 of 2018 Arising Out of PS. Case No.-29 Year-2018 Thana- SANGRAMPUR District- East Champaran ======================================================

1. Nifikir Sahani, Son of Late Ramdeni Sahani,

2. Saraswati Devi @ Rakhi Devi, Wife of Nifikir Sahani,

3. Surendra Sahani, Son of Ramanand Sahani,

4. Priyanka Kumari, D/o Nifikir Sahani, All resident of VillageMurli, Police Station- Sangrampur, District- East Champaran.

5. Krishnawati Devi, W/o Jitendra Sahani, Resident of VillageSangrampur, Police Station- Sangrampur, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Anil Kumar For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 498A, 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 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

Patna High Court Cr.Misc. No.41053 of 2018(2) dt.10-07-2018 2/2 present case. 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) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 14th, East Champaran, Motihari in connection with Sangrampur P.S. case No.29 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T