Dharmauti Devi @ Dharmawati Devi And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58353 of 2017 Arising Out of PS.Case No. -615 Year- 2014 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ======================================================

1. DHARMAUTI DEVI @ DHARMAWATI DEVI W/o Gobind Prasad Kharwar

2. Munna Kharwar S/o Govind Prasad Kharwar

3. Kanchan Devi W/o Munna Kharwar All residents of village - Harpur, P.S. Rajpur, District - Buxar.

.... .... Petitioners

Versus

1. The State of Bihar.

2. Sunita Devi W/o Manish Kumar, D/o Suresh Kumar resident of Village Raghopur, P.S. Kargahar, District Rohtas.

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

For the Petitioner/s : Mr. Ajay Nandan Sahay For the Opposite Party/s : Mr. Surendra Prasad Singh ====================================================== 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 498(A), 323 of the Indian Penal Code and 4 of D.P. Act.

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.58353 of 2017 (2) dt.08-12-2017 2/2 petitioners. The case is triable by the Magistrate. The petitioner No.1 is mother-in-law of the victim, petitioner no.2 is brother-inlaw of the victim and petitioner no.3 is Sister-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.615/2014, Tr. No.1668/2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sasaram, Rohtas, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T