Arun Mandal And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57868 of 2017 Arising Out of PS.Case No. -1703 Year- 2014 Thana -BHAGALPUR COMPLAINT CASE DistrictBHAGALPUR ======================================================
1. Arun Mandal, Son of Late Kesho Mandal.
2. Imli Devi, W/o Arun Mandal, Both are the resident of Village/MohallaAthania, P.S.- Pirpainty, Distt.- Bhagalpur. .... .... Petitioners
Versus
1. The State of Bihar.
2. Punam Devi, D/o Bihari Mandal, resident of Village- Aghwan Diayara, P.S. Ekchari, District- Bhagalpur.
.... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Swapnil Kumar Singh For the Opposite Party/s : Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-12-2017 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 498A, 323 and 494 of the Indian Penal Code.
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.57868 of 2017 (2) dt.08-12-2017 2/2 petitioners. The petitioners have falsely been implicated in the present case. The case is triable by the Magistrate. The petitioner no.1 is father-in-law of the victim and the petitioner no.2 is mother-in-law 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 Complaint Case.
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 Complaint Case No.1703/2014 on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bhagalpur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Amit/- U T