Rambali Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50096 of 2018 Arising Out of PS.Case No. -57 Year- 2018 Thana -SANGRAMPUR District- EASTCHAMPARAN (MOTIHARI) ======================================================
1. Rambali Singh Son of Munshi Siungh, Permanent Resident of VillageBarai Tola, Post Areraj P.S. Govindganj, District- East Champaran (Bihar) and at present residing at Q.No. G8/1 Road No. 15, New Town Burnpur, District Burdwan (W.B.)
2. Rita Devi Wife of Rambali Singh, Resident of Village- Barai Tola, Post Areraj P.S. Govindganj, District- East Champaran (Bihar) and at present residing at Q.No. G8/1 Road No. 15, New Town Burnpur, District Burdwan (W.B.)
3. Vandita Kumari, Wife of Saket Kunwar, D/o Rambali Singh, Resident of Village Bankati, P.S. Baikunthpur, District- Gopalganj. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Sudhir Kumar Singh, Advocate. For the Opposite Party : Mr. Ganesh Prasad Singh, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-08-2018 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the opposite party no. 2.
The petitioners are apprehending their arrest in a case for the offence registered under Sections 498(A), 313, 315, 504 of the IPC and 3⁄4 of the D.P. Act.
The prosecution story, in brief, is that the accused persons including the petitioners tortured the victim due to nonfulfilment of demand of dowry.
Patna High Court Cr.Misc. No.50096 of 2018 (2) dt.16-08-2018 2/3 It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case due to petty family dispute. The petitioners are in-laws of the victim. They are separate in mess and property from the husband of the victim. No reason has been assigned for abortion in the medical examination report for constituting offences under Sections 313 and 315 of the IPC. Rests of the offences are 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 counsels for the State and opposite party no. 2, 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 C.J.M. East
Patna High Court Cr.Misc. No.50096 of 2018 (2) dt.16-08-2018 3/3 Champaran at Motihari, in connection with Sangrampur P.S. Case No. 57/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
If so advised, either of the parties will be at liberty to make an application before the court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.
U.K./- (Sudhir Singh, J) U T