Sarashwati Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33621 of 2017 Arising Out of PS.Case No. -4 Year- 2017 Thana -MAHILA THANA District- BEGUSARAI ======================================================

1. Sarashwati Devi, wife of Ashok Das @ Ashok Kumar Gupta,

2. Ashok Das @ Ashok Kumar Gupta, son of Talo Das, Both R/o VillageSinghaul, P.S.- Muffasil (Singhaul O.P.), District- Begusarai.

3. Baleshwar Das @ Baleshwar Prasad son of Late Tulsi Das,

4. Dharmendra Das @ Sunil Kumar, son of Baleshwar Das, 3 to 4 R/o Village- Mokama Ghat, Jolha Tola, P.s.- Mokama, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Tarkeshwar Prasad Verma, Advocate For the Opposite Party/s : Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-07-2017 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant. The petitioners are apprehending their arrest in a case registered under Section 498A of the Indian Penal Code and 3⁄4 of the 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 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

Patna High Court Cr.Misc. No.33621 of 2017 (2) dt.20-07-2017 2/2 No.1 is the mother-in-law, petitioner No.2 is the father-in-law, petitioner No.3 is the maternal grand father and petitioner No.4 is the maternal uncle of the victim respectively. They are separate in mess and property from the husband of the victim. 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 and learned counsel for the informant, 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 learned S.D.J.M., Begusarai in connection with Mahila P.S. case No.04 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