Mosmatt Meera Devi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62998 of 2017 Arising Out of PS.Case No. -1950 Year- 2016 Thana -WEST CHAMPARAN COMPLAINT District- WESTCHAMPARAN(BETTIAH) ====================================================== Mosmatt Meera Devi, W/o Late Vijay Kumar Singh, Resident of VillageAtarsan, P.S.- Rasoolpur, District- Chhapra (Saran), at present resident of Mohalla/Road No.1, C.P. Thakur Path, Beside Rajdhani Palace, Shivpuri, P.S.- S.K. Puri, District- Patna.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Supriya, W/o Sri Brajesh Rajhansh, D/o Sri Tribhuwan Prasad Singh, at present resident of Banker's Colony, Mirza Toli, Betiah, P.S.- Betiah Town, District- Betiah (Bihar).

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Dr. Chandra Shekhar Azad, Advocate. For the State : Mr. Sakir Ahmad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-01-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 498(A) of the IPC and 4 of the D.P. Act.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfillment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There

Patna High Court Cr.Misc. No.62998 of 2017 (2) dt.04-01-2018 2/2 is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The petitioner is in-laws of the victim. She is separate in mess and propety from the husband of the victim. The case is triable by the Magistrate. The petitioner has 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 petitioner is named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioner 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) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Bettiah, in connection with Complaint Case No. 1950 (C) 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