Nain Singh And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34873 of 2015 Arising Out of PS. Case No.-159 Year-2015 Thana- BARHARIA District- Siwan ======================================================
1. Nain Singh Son of Late Nagina Singh Resident of Village - Bhagwanpur, P.S. - G.B.Nagar, District - Siwan.
2. Maya Devi Wife of Late Nagina Singh Resident of Village - Bhagwanpur, P.S. - G.B.Nagar, District - Siwan. ... ... Petitioner/s
Versus
1.The State of Bihar.
2.Ravita Devi w/o Nain Singh, r/o Village Bhagwanpur, P.S. G.B. Nagar, District-Siwan.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Kumar For the Opposite Party/s :
Mr. Parmeshwar Mehta (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-09-2018 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners apprehends their arrest in connection with Barharia P.S. Case No. 159 of 2015 registered for the offence punishable under Section 342, 498A,307/34 of the Indian Penal Code.
Allegation against the petitioners is of torturing the informant due to non fulfillment of demand of dowry. It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case. It has been submitted on behalf of the petitioners that petitioner no. 1 first wife died leaving behind seven years old daughter and
Patna High Court Cr.Misc. No.34873 of 2015(13) dt.06-09-2018 2/2 the said daughter is the reason of dispute between them. It has been further submitted that the Informant used to inflict injury on herself which fact has also come in paragraph no. 8 of the case diary. Petitioner No. 2 is the Mother-in-Law of the Informant and is aged about 75 years. Learned counsel for the petitioners further submits that about 7 times notices have been issued to the Informant, but she has not appeared and is traceless. Petitioners have got no criminal antecedent. Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bonds of Rs. 20,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan, in connection with Barharia P.S. Case No. 159 of 2015 subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(S. Kumar, J) ranjan/- U