Ram Jatan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12338 of 2021 Arising Out of PS. Case No.-126 Year-2020 Thana- GURUA District- Gaya ====================================================== 1.

Ram Jatan Prasad S/O Late Mathura Prasad Resident Of Village- Simari, P.S- Amas, District- Gaya 2.

Rina Devi W/O Ram Jatan Prasad Resident Of Village- Simari, P.S- Amas, District- Gaya 3.

Pramod Kumar S/O Ramjatan Prasad Resident Of Village- Simari, P.SAmas, District- Gaya 4.

Khushbu Kumari W/O Pramod Kumar Resident Of Village- Simari, P.SAmas, District- Gaya ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr.Arvind Prasad Singh, Advocate For the State :

Mr.APP For the informant :

Mr. Shankar Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-07-2021 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant through virtual mode.

Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 498A, 504, 506/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act. Allegation against the petitioners is of committing

Patna High Court CR. MISC. No.12338 of 2021(2) dt.23-07-2021 2/3 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 case is triable by the Magistrate. The petitioner No.1 is father-in-law, petitioner No.2 is mother-inlaw, petitioner No.3 is brother-in-law and petitioner No.4 is sister-in-law (Gotani) 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 complaint case/F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned S.D.J.M., Sherghati, District Gaya in connection with

Patna High Court CR. MISC. No.12338 of 2021(2) dt.23-07-2021 3/3 Gurua P.S. case No.126 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioners will furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T