Surendra Mishra And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46880 of 2017 Arising Out of PS. Case No.-1585 Year-2016 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== 1.

Surendra Mishra, Son of Ramchandra Mishra, 2.

Anjani Devi, Wife of Surendra Mishra, 3.

Preeti Kumari, daughter of Surendra Mishra, All Resident of Village- Hathsaar, P.S.- Purnahiya, District- Sheohar. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Kamini Kumari, wife of Manish Kumar Mishra, Resident of VillageHathsaar, P.S.- Purnahiya, District- Sheohar at present D/o of Sarabjit Jha, Village- Manikchowk, P.S.- Runnisaidpur, District- Sitamarhi. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. AMIT KUMAR JHA , Advocate For the Opposite Party/s :

Mr. UDAY PRATAP SINGH, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-09-2017 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the opposite party No.2. The petitioners are apprehending their arrest in a case registered under Section 498A/34 of the Indian Penal Code and 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

Patna High Court Cr.Misc. No.46880 of 2017(2) dt.21-09-2017 2/2 present case. The case is 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 and learned counsel for the opposite party No.2, it is submitted that the petitioners are named in the complaint case.

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) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sitamarhi Sadar in connection with Complaint case No. C1-1585 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T