Rajendra Prasad And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46916 of 2017 Arising Out of PS. Case No.-192 Year-2016 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== 1.

Rajendra Prasad, Son of Late Satyanaraan Singh, 2.

Kanti Devi, Wife of Rajendra Prasad Singh, Both R/o VillageBholapur, P.S.- Bhairoganj, District- West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Sangita Devi, Wife of Anuj Prasad D/o Shri Awadhesh Kumar Singh, R/o Baidyanathpur, P.S.- Chhauradano, District- East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anand Kishore Choudhary, Advocate For the Opposite Party/s :

SMT. RITA VERMA, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-09-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Section 498A of the Indian Penal Code. 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 due to petty family dispute. The case is triable by the Magistrate. The petitioners have relied upon the judgment of

Patna High Court Cr.Misc. No.46916 of 2017(2) dt.21-09-2017 2/2 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 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., Raxaul at Motihari, East Champaran in connection with Trial No.2270 of 2017 arising out of Complaint case No. C-192 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