Pavan Kumar Tripathi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44050 of 2022 Arising Out of PS. Case No.-360 Year-2019 Thana- KHAIRA District- Saran ====================================================== 1.

PAVAN KUMAR TRIPATHI SON OF LATE R.K. TRIPATHI R/O VILLAGE- AMANAUR, P.S.- KHAIRA, DISTRICT- SARAN AT CHAPRA 2.

PRATIMA DEVI WIFE OF PAVAN KUMAR TRIPATHI R/O VILLAGEAMANAUR, P.S.- KHAIRA, DISTRICT- SARAN AT CHAPRA 3.

PRASHANT GUNJAN TRIPATHI SON OF PAVAN KUMAR TRIPATHI R/O VILLAGE- AMANAUR, P.S.- KHAIRA, DISTRICT- SARAN AT CHAPRA 4.

MEDHA PANDEY D/O PAVAN KUMAR TRIPATHI R/O VILLAGEAMANAUR, P.S.- KHAIRA, DISTRICT- SARAN AT CHAPRA ... ... Petitioners.

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Rabindra Kumar Tiwari For the Opposite Party/s :

Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners undertakes to remove the defect(s), as pointed out by the office, within four weeks.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 323, 307 & 498A/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

The petitioners in association of their family

Patna High Court CR. MISC. No.44050 of 2022(2) dt.29-11-2022 2/3 members are said to have assaulted and tortured the sister of the informant. They also tried to put her on fire by pouring kerosene oil on non-fulfillment of demand of dowry.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. As a matter of fact, the informant's sister is not willing to live with her husband. The petitioners are in-laws of the victim and they have no cocnern with the day to day affairs of the informant's sister or her husband. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the case as well as the fact that petitioners are in-laws of the victim, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Khaira (Nagar O.P.) P.S. Case No.360 of 2019,

Patna High Court CR. MISC. No.44050 of 2022(2) dt.29-11-2022 3/3 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Trivedi/- U T