Kamal Yadav @ Kamal Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30976 of 2020 Arising Out of PS. Case No.-17 Year-2020 Thana- MAHILA PS District- East Champaran ====================================================== 1.
KAMAL YADAV @ KAMAL RAI Son of Late Ramsurat Yadav Resident of Village- Chandpur, P.S.- Sangrampur, District- East Champaran. 2.
Malati Devi Wife of Kamal Yadav @ Kamal Rai Resident of VillageChandpur, P.S.- Sangrampur, District- East Champaran. 3.
Rintu Kumar @ Rintu Kumar Yadav Son of Kamal Yadav @ Kamal Rai Resident of Village- Chandpur, P.S.- Sangrampur, District- East Champaran. 4.
Prabha Devi Wife of Rintu Kumar @ Rintu Kumar Yadav Resident of Village- Chandpur, P.S.- Sangrampur, District- East Champaran. 5.
Geeta Devi Wife of Late Sharma Yadav @ Sharma Rai Resident of VillageChandpur, P.S.- Sangrampur, District- East Champaran. 6.
Tuntun Rai @ Tuntun Kumar Son of Late Sharma Rai @ Sharma Yadav Resident of Village- Chandpur, P.S.- Sangrampur, District- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr.Radha Mohan Singh, Advocate For the State :
Mr. N. Tiwary, APP For the informant :
Mr. Manjeet Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-01-2021 Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks.
Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant. The petitioners are apprehending their arrest in a case registered under Sections 498(A), 313, 354, 506/34 of the Indian Penal Code and Sections 3 & 4 of Dowry Prohibition Act.
Patna High Court CR. MISC. No.30976 of 2020(2) dt.22-01-2021 2/3 Allegation against the petitioners is of committing torture upon the victim due to non-fulfilment of 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 petitioners. The petitioners have falsely been implicated in the present case. The petitioner No.1 is father-in-law, petitioner No.2 is mother-in-law, petitioner No.3 is brother-in-law, petitioner No.4 is sister-in-law, petitioner No.5 is cousin motherin-law and petitioner No.6 is cousin brother-in-law of the victim. 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 and learned counsel for the informant, it is submitted that the petitioners are named in the 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
Patna High Court CR. MISC. No.30976 of 2020(2) dt.22-01-2021 3/3 bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Motihari Mahila P.S. case No.17 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Narendra/- U T