Umeshwar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49452 of 2021 Arising Out of PS. Case No.-7 Year-2021 Thana- BHANGWANPUR HAT District- Siwan ====================================================== 1.

Umeshwar Singh S/O Late Deenanath Singh R/O Village-Badkagaon, P.S.- Bhagwanpur Hatt, District- Siwan 2.

Mala Devi W/O Umeshwar Singh R/O Village-Badkagaon, P.S.- Bhagwanpur Hatt, District- Siwan ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Bardhan Pandey For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-10-2021 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 144, 147, 323, 325, 307, 406 and 498A 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

Patna High Court CR. MISC. No.49452 of 2021(2) dt.22-10-2021 2/3 the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioner no. 1 is father-in-law and petitioner no. 2 is mother-in-law of the victim. They have falsely been implicated in the present case due to petty family dispute. As far as offence under section 307 IPC is concerned,from perusal of medical report of the victim enclosed with the F.I.R., it appears that there is no external injury on the body of the victim. Hence, no offence under section 307 IPC is attracted in the present case. 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 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 twelve 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 Chief Judicial Magistrate, Siwan in connection with Bhagwanpur Hatt P.S.

Patna High Court CR. MISC. No.49452 of 2021(2) dt.22-10-2021 3/3 Case No. 07 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T