Yashoda Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34331 of 2020 Arising Out of PS. Case No.-11 Year-2018 Thana- COMPLAINT CASE District- Supaul ====================================================== 1.

Yashoda Devi wife of Satyanarayan Sah resident of village - Kadmaha Kataiya, Tola - Majhaura, P.S. - Marauna, District- Supaul. 2.

Satyanarayan Sah son of late Shrilal Sah resident of village - Kadmaha Kataiya, Tola - Majhaura, P.S. - Marauna, District- Supaul. 3.

Ramesh Kumar Sah son of Satyanarayan Sah resident of village - Kadmaha Kataiya, Tola - Majhaura, P.S. - Marauna, District- Supaul. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Punam Devi wife of Ranjeet Kumar Sah resident of village - Jhitki, P.S. - Laukahi, District- Madhubani.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kuldeep Kumar For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-03-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 498A, 323 and 504 of the Indian Penal Code.

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

Patna High Court CR. MISC. No.34331 of 2020(2) dt.17-03-2021 2/2 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 due to petty family dispute. Petitioner no. 1 is mother-in-law, petitioner no. 2 is father-inlaw and petitioner no. 3 is brother-in-law of the victim. They are separate in mess and property from the husband of the victim. The case is 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.

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 A.C.J.M. -6th, Supaul in connection with Complaint Case No. 11C/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T