Rajbansi Prasad And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62852 of 2017 Arising Out of PS.Case No. -20344 Year- 2016 Thana -GOPALGANJ COMPLAINT CASE District- GOPALGANJ ======================================================

1. Rajbansi Prasad, S/o Jamuna Prasad,

2. Krishnawati Devi W/o Rajbansi Prasad, All R/o Vill.- Nibiyawa Tola, P.S.- Bishunpura, Distt.- Kushinagar (U.P.).

3. Munna @ Amit Kumar, Son of Rajbansi Prasad. All resident of VillageNibiyawa Tola, P.S. Bishunpura, District-Kushinagar (U.P.) .... .... Petitioners

Versus

1. The State of Bihar.

2. Nandani Devi W/o Munna @ Amit Kumar, R/o Vill.- Nibiyawa Tola, P.S.- Bishunpura, Distt.- Kushinagar, (U.P.) present adress D/o Jaishree Prasad, R/o Chaumukha, P.S.- Vijaypur, Dist.- Gopalganj. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Ajay Kumar Sharma, Advocate. For the State : Mr. Akhileshwar Dayal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-01-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 498(A), 323 and 494 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.

Patna High Court Cr.Misc. No.62852 of 2017 (2) dt.04-01-2018 2/2 There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case due to petty family dispute. The petitioners are father-in-law, mother-in-law and husband 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 S.D.J.M. Gopalganj, in connection with Complaint Case No. 20344 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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