Ram Suresh Mishra @ Ram Suresh Mishr And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49737 of 2017 Arising Out of PS. Case No.-1103 Year-2016 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ======================================================
1. Ram Suresh Mishra @ Ram Suresh Mishr S/o Late Rang Bihari Misr
2. Smt. Prabha Mishra @ Prabha Mishr w/o Ram Suresh Mishra @ Ram Suresh Mishr, both resident of villge chandaona, P.S. Jale, District Darbhanga ... ... Petitioner/s
Versus
1. The State Of Bihar
2. Sushma Mishra w/o Sanjay Kumar Mishra @ Munna, resident of village Chandaona, P.S. Jale, District Darbhanga, at present residing at village Lagma, P.S. Dumra, District Sitamarhi ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajit Ranjan Kumar, Adv.
For the State :
Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-11-2017 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, 379, 406, 420, 498A, 494/34 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
Patna High Court Cr.Misc. No.49737 of 2017(4) dt.23-11-2017 2/2 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, it is submitted that the petitioners are named in the complaint case.
Considering the aforesaid facts and circumstances, let the petitioner, 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 Sub Divisional Judicial Magistrate, Sitamarhi in connection with Complaint case No. C-1/1103 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