Chandrawansh Narayan Singh And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40633 of 2017 Arising Out of PS.Case No. -6 Year- 2017 Thana -MAHILA P.S DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Chandrawansh Narayan Singh son of late Kamla Prasad Singh

2. Reena Singh wife of Chandrawansh Narayan Singh

3. Vikash Singh @ Vikash Kumar Singh son of Chandrawansh Narayan Singh

4. Vivek Singh @ Vivek Chandra son of Chandrawansh Narayan Singh

5. Pooja singh wife of Vikash Singh

6. Rajani Singh wife of Vivek Singh @ Vivek Chandra, all residents of village Kundilpur Bargajwa and Ward No.16, Narkatiaganj, Police Station Shikarpur, District West Champaran at Bettiah, at present residents of 19D, Flat No.131, Shivkala Apartment, Sector 51, Police Station Sector 49, District Gautambughnagar, NOIDA, Uttar Pradesh .... .... Petitioner/s

Versus

1. The State of Bihar

2. Akanksha Kumari wife of Vinit Singh, resident of village Kundilpur Bargajwa and Ward No.16, Narkatiaganj, Police Station Shikarpur, district West Champaran at Bettiah, daughter of Shivshankar Singh, resident of village Suarchhap Pipara, Police Station Lauriya, district West Champaran at Bettiah, at present resident of Mohalla Devnagar, Police Station Bettiah (Moffasil), District West Champaran at Bettiah .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raghunandan Kumar Singh, Advocate For the Opposite Party/s : Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-08-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case

registered under Sections 341, 323, 498A and 379/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act. 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 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 petitioners have further 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 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 Sri C.B. Ram, Judicial Magistrate, 1st class, West Champaran at Bettiah in connection

with Mahila P.S. case No.06 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T