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Patna High CourtCR. MISC./61449/2017bail granted

Mohan Singh And ANR v. The State Of Bihar

2017-12-15Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61449 of 2017 Arising Out of PS. Case No.-229 Year-2017 Thana- LAHERIMUHALLA District- Nalanda ======================================================

1. Mohan Singh son of Late Kameshwar Singh

2. Asha Devi wife of Mohan Singh, both are resident of village Dhanama Dih, Police Station Sarmera, in the district of Nalanda ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Navin Sharma For the Opposite Party/s :

SMT. PUSHPA SINHA ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-12-2017 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, 498A, 406, 308, 379, 506 and 494/34 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 petitioner. The petitioners have falsely been implicated in the present case. There is no injury report to support the allegations made in the F.I.R. The petitioners have relied upon the judgment

Patna High Court Cr.Misc. No.61449 of 2017(2) dt.15-12-2017 2/2 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 F.I.R.

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) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Nalanda at Biharsharif in connection with Laheri P.S. case No.229 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T