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Patna High CourtCR. MISC./45674/2017disposed

Ramraj Bind And ORS v. The State Of Bihar

2017-09-19Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45674 of 2017 Arising Out of PS.Case No. -141 Year- 2017 Thana -CHAINPUR District- BHABHUA (KAIMUR) ======================================================

1. Ramraj Bind son of Mahangu Bind

2. Sharda Devi wife of Ram Raj Bind

3. Dharamraj Bind son of Mahangu Bind

4. Banarasi Devi wife of Dharamraj Bind all residents of village Sonaon, P.S. Chainpur, District kaimur at Bhabua.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Tribhuwan Narayan, Advocate. For the Opposite Party : Mr. Nand Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-09-2017 Learned counsel for the petitioners seeks permission to withdraw the prayer for bail on behalf of petitioner no. 1, Ramraj Bind in connection with Chainpur P.S. Case No. 141/2017, G.R. No. 1366/2017, pending in the court of learned A.C.J.M II, Kaimur at Bhabua as he has already been arrested. Permission is accorded.

The application on behalf of petitioner no. 1, Ramraj Bind is dismissed as withdrawn.

Heard learned counsel for the petitioners, informant and learned counsel for the State.

The petitioners are apprehending their arrest in

Patna High Court Cr.Misc. No.45674 of 2017 (2) dt.19-09-2017 2/3 connection with Chainpur P.S. Case No. 141 of 2017, G.R. No. 1366/2017 for the offences instituted under Sections 341, 323, 307, 504/34 and 498(A) of the IPC.

The prosecution story, in brief, is that the accused persons including the petitioners tortured the inforant due to nonfulfillment of demand of dowry. It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. They have falsely been implicated in the present case. There is a case and counter case between the parties. The petitioners are in-laws of the informant. They are separate in mess and property from the husband of the complainant. It has been submitted by learned counsels for the State and the informant that the petitioners are named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner nos.

2, 3 and 4 Sharda Devi, Dharamraj Bind and Banarasi Devi be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Chainpur P.S. Case No. 141 of 2017, G.R. No. 1366/2017 on furnishing bail bond of Rs.

Patna High Court Cr.Misc. No.45674 of 2017 (2) dt.19-09-2017 3/3 amount each to the satisfaction of the learned A.C.J.M. II, Kaimur at Bhabua, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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