Baikunth Singh And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.61589 of 2017 Arising Out of PS.Case No. -43 Year- 2017 Thana -MAHILA P.S. District- SASARAM (ROHTAS) ======================================================
1. Baikunth Singh, son of Late Raghubansh Prasad
2. Shanti Devi, wife of Baikunth Singh
3. Om Prakash Singh, son of Baikunth Singh
4. Satya Prakash Singh , son of Baikunth Singh, All residents of VillageBhusaula, P.S.Darihat, District- Rohtas. .... .... Petitioners
Versus
1. The State of Bihar.
2. Nitu Devi, daughter of Santosh Kumar Singh, resident of Village- Ratu Bigha, Ward No. 08, P.O. & P.S.- Dalmianagar, District- Rohtas. .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-12-2017 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.
The petitioners are apprehending their arrest in a case instituted under Sections 498(A), 341, 323, 34 of the Indian Penal Code and 3⁄4 of D.P. Act.
The allegation against the petitioners is of committing torture upon the victim due to non-fulfillment of the 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.61589 of 2017 (2) dt.19-12-2017 2/2 petitioners. The case is triable by the Magistrate. The petitioners are in-laws of the victim. They are separate in mess and property from the husband of the victim. The petitioners have further relied upon the judgment of this court, in the case of Md. Naimul Haque Ansari Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of six weeks from today in connection with Mahila P.S. Case No.43/2017 on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Dehri, Rohtas, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Amit/- U T