Patna High CourtCR. MISC./44888/2018bail granted

Prakash Kumar Sharma And ORS v. The State Of Bihar

2018-07-24Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44888 of 2018 Arising Out of PS.Case No. -18 Year- 2018 Thana -MAHILA P.S. District- SARAN ======================================================

1. Prakash Kumar Sharma

2. Seema Kumari @ Riya Kumari @ Riya Sharma &

3. Dwanti Devi @ Dewanti Devi .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Awadhesh Kumar Singh For the Opposite Party/s : Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-07-2018 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, 504, 379, 498A/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-fulfillment of demand of dowry. It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case due to petty family dispute. On earlier occasion also, the victim and her family members have instituted a case for similar nature of offence against the petitioners and their family members. The case is triable by the Magistrate. The petitioners

Patna High Court Cr.Misc. No.44888 of 2018 (2) dt.24-07-2018 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 learned Chief Judicial Magistrate, Saran at Chapra in connection with Saran Mahila P.S. Case No. 18 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V./- U T