Nageshwar Prasad Gupta And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59644 of 2017 Arising Out of PS. Case No.-585 Year-2017 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ======================================================

1. Nageshwar Prasad Gupta son of late Prabhu Sah

2. Kalindi Devi @ Shralidi Devi wife of Nageshwar Prasad Gupta, both residents of village Dhurlakh, Police Station Samastipur (Muffasil), District Samastipur

3. Santoshi Devi @ Navina Gupta @ Naveena Gupta @ Santosh Devi, daughter of Nageshwar Prasad Gupta and wife of Pramod Kumar Gupta, resident of village Musapur, Ward No.3, Police Station Samastipur (Muffasil), District Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Shanker Pankaj, Adv.

For the Opposite Party/s :

Mr. BHARAT BHUSHAN, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-12-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 307, 323/34, 498A, 504 of the Indian Penal Code.

Allegation against the petitioners is of committing torture and assault upon the victim due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the

Patna High Court Cr.Misc. No.59644 of 2017(2) dt.11-12-2017 2/2 present case. There is no injury report to support the allegations made in the F.I.R. The petitioners have 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 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 Sub Divisional Judicial Magistrate, Samastipur in connection with Samastipur (Muffasil) P.S. case No.585 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