Ranjeet Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45490 of 2019 Arising Out of PS. Case No.-792 Year-2013 Thana- KHAGARIA COMPALINT CASE District- Khagaria ====================================================== 1.

Ranjeet Sah Son of Anik Sah Resident of Village - Rahimpur, Karu Mandal Tola, P.S.- Muffassil, Dist.- Khagaria.

2.

Rampravesh Kumar @ Ram Pravesh Kumar Son of Anik Sah Resident of Village - Rahimpur, Karu Mandal Tola, P.S.- Muffassil, Dist.- Khagaria. ... ... Petitioners

Versus

1.

The State of Bihar 2.

Gayatri Devi Wife of Late Chunchun Sah Resident of Village - Naokothi, P.s.- Naokothi, dist.- Begusarai Newly added Complainant By order of the Court Concern after death of Milan Devi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jai Shanker Prasad For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-07-2019 Heard learned counsel for the petitioners, O.P. No. 2 and learned APP for the State.

The petitioners seek bail in a case registered under Section 498A of the Indian Penal Code and 4 of Dowry Prohibition Act. Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry. It is a case of misuse of privilege of bail. Petitioners were earlier granted bail by the court below itself on the basis of compromise entered into between the parties. Thereafter, the said compromise could not be worked out between the parties. The bail bond of the petitioners was cancelled. The petitioners surrendered in

Patna High Court CR. MISC. No.45490 of 2019(2) dt.23-07-2019 2/2 the court below on 08-05-2019 and since then they are in custody. It has been submitted on behalf of the petitioners that the petitioner No. 2 has 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. All 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, O.P. No. 2, it is submitted that the petitioners are named in the Complaint Case/F.I.R. Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on 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 Sub Divisional Judicial Magistrate, Khagaria in connection with Complaint Case No. 792C of 2013.

(Sudhir Singh, J) A.K.V.//- U T