Radha Prasad And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47903 of 2017 Arising Out of PS.Case No. -18 Year- 2017 Thana -MAHILA PS District- GOPALGANJ ======================================================

1. Radha Prasad, son of Baldeo Prasad.

2. Ramawati Devi wife of Radha Prasad.

3. Varsha Kumari, D/o- Radha Prasad. All are resident of VillageManichhapar, P.S. Hathua, District- Gopalganj. .... .... Petitioners

Versus

1. The State of Bihar

2. Anjali Devi wife of Dharmendra Prasad D/o.- Manoj Patel, resident of Village- Manichhapar, P.S. Hathua, District- Gopalganj. presently residing of Village- Bhadkuliya, P.S. Barauli, District- Gopalganj. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Anirudh Kumar Verma, Advocate. For the State : Mr. Rajeev Nayan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-10-2017 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 498(A)/34 of the IPC and 3⁄4 of the D. P. Act.

The prosecution story, in brief, is that the accused persons including the petitioners tortured the victim 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. The petitioners have falsely been

Patna High Court Cr.Misc. No.47903 of 2017 (2) dt.12-10-2017 2/2 implicated in the present case due to petty family dispute. The petitioners are in-laws of the victim. They are separate in mess and property from the husband of the victim. 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 learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or 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 the learned S.D.J.M. Gopalganj, in connection with Gopalganj (Mahila ) P.S. Case No. 18 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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