Nand Gopal Yadav And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51159 of 2018 Arising Out of PS.Case No. -878 Year- 2017 Thana -BIHTA District- PATNA ======================================================

1. Nand Gopal Yadav, S/o late Loknath Yadav,

2. Rambabu Singh, S/o Nand Gopal Yadav,

3. Yogendra Singh, S/o Nand Gopal Yadav,

4. Sukanti Devi, W/o Yogendra Singh &

5. Nitu Devi, W/o Dashrath Singh, All are residents of Village-Dihari, P.S. Asani, P.S. Udwant Nagar, District-Bhojpur (Ara).

.... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-08-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 498A, 341, 323, 307, 379, 34 and 494 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-fulfillment of demand of dowry. It has been submitted on behalf of the petitioners that the petitioners have got no antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case due to petty family dispute. There is no medical examination report with

Patna High Court Cr.Misc. No.51159 of 2018 (2) dt.20-08-2018 regard to the offence under Section-307 of the Indian Penal Code. Rest of the offences are triable by the Magistrate. The 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 Complaint Case/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 learned Additional Chief Judicial Magistrate, Danapur, in connection with Bihta P.S. Case No. 878 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V./- U T