Nandi Roy And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48302 of 2018 Arising Out of PS.Case No. -14 Year- 2016 Thana -LADANIA District- MADHUBANI ======================================================

1. Nandi Roy, Son of Ravindra Roy @ Harihar Roy,

2. Sitiya Devi, Wife of Nandi Roy, Both are resident of Village- Birpur, P.S.- Ladaniyan, District- Madhubani.

.... .... Petitioners

Versus

1. The State of Bihar.

2. Pano Devi, Wife of Sanjay Roy, Resident of Village- Birpur, P.S.- Ladaniyan, District- Madhubani.

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

For the Petitioners : Mr. Subhash Kumar Jha, Advocate. For the State : Mr. Narsingh Tanti, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-08-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 323, 341, 354(B), 498(A), 504 and 506 of the IPC.

The prosecution story, in brief, is that the accused persons including the petitioners tortured the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners are inlaws of the victim. They are separate in mess and property from

Patna High Court Cr.Misc. No.48302 of 2018 (2) dt.07-08-2018 2/2 the husband of the victim. The informant and his family members are in habit of instituting similar cases against the petitioners and their family members. The case is triable by the Magistrate. The petitioners have 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 petitioners are named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioners 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) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 4th, Madhubani, in connection with Ladaniyan P.S. Case No. 14 of 2016, corresponding to G.R. No. 207 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