Urmila Devi And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57056 of 2017 Arising Out of PS. Case No.-165 Year-2017 Thana- DINARA District- Rohtas ======================================================

1. Urmila Devi wife of Kamlesh Singh

2. Kamlesh Singh, son of Late Ram Baleshwar Singh, both resident of village Barahari Kala, P.S. Dinara, District Rohtas ... ... Petitioner/s

Versus

1. The State Of Bihar

2. Shiwani Devi @ Jyoti Devi wife of Prabhat Ranjan Singh @ Bablu singh, D/o Manoj Kumar Singh, resident of village Barahari Kala, P.S. Dinara, District Rohtas, at present resident of village Baradhi, P.S. Dinara, District Rohtas ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sada Nand Roy, Adv.

For the Opposite Party/s :

Mr. ATUL CHANDRA, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-11-2017 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, 506, 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-fulfilment of 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 petitioners. The petitioners have falsely been implicated in the present case. The case is triable by the Magistrate. The

Patna High Court Cr.Misc. No.57056 of 2017(2) dt.27-11-2017 2/2 petitioners 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 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 Shri Lal Bihari Paswan, Judicial Magistrate, 1st class, Bikramganj (Rohtas) in connection with Dinara P.S. case No.165 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T