Parmila Devi @ Urmila Devi And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58916 of 2017 Arising Out of PS.Case No. -109 Year- 2017 Thana -ATHMALGOLA District- PATNA ======================================================
1. Parmila Devi @ Urmila Devi, W/o Ram Pravesh Rai,
2. Tutu Kumar, S/o Ram Pravesh Rai,
3. Usha Devi, D/o Ram Pravesh Rai, All resident of Village- Mauzipur, P.S.- Fatuha, District- Patna.
.... .... Petitioners
Versus
1. The State of Bihar.
2. Bibha Devi, W/o Rajiv Kumar @ D/o Sipahi Rai, Resident of Rupas Kamrapar, Lalu Chowk, P.S.- Athmalgola, District- Patna. .... .... Opposite Parties ====================================================== Appearance :
For the Petitioners : Mr. Sanjay Kumar @ S.K., Advcate. For the State : Mr. Bisheshwar Ram, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-12-2017 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) 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
Patna High Court Cr.Misc. No.58916 of 2017 (2) dt.08-12-2017 2/2 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 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. Barh, Patna, in connection with Athmalgola P.S. Case No. 109/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T