Tetri Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9021 of 2018 Arising Out of PS. Case No.-58 Year-2016 Thana- DANAPUR District- Patna ======================================================

1. Tetri Devi, W/o Surendra Rai @ Surendra Singh, Resident of Village- Bhagu Tola Vyapur, P.S.- Maner, District- Patna.

2. Rakesh Kumar, S/o Surendra Rai @ Surendra Singh, Resident of Village- Bhagu Tola Vyapur, P.S.- Maner, District- Patna.

3. Rinku Devi, W/o Arjun Singh @ Arjun Rai, Resident of VillageKhemnichak, P.S.- Ramkrishna Nagar, District- Patna.

4. Arjun Singh @ Arjun Rai, S/o Teknarayan Singh, Resident of Village- Khemnichak, P.S.- Ramkrishna Nagar, District- Patna.

5. Surendra Rai @ Surendra Singh, S/o Ram Ekbal Rai, Resident of Village- Bhagu Tola Vyapur, P.S.- Maner, District- Patna.

6. Subindra Rai, S/o Ram Ekbal Rai, Resident of Village- Bhagu Tola Vyapur, P.S.- Maner, District- Patna.

7. Sukesh Kumar, S/o Surendra Rai @ Surendra Singh, Resident of Village- Bhagu Tola Vyapur, P.S.- Maner, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Saket Tiwary For the Opposite Party/s :

SMT. INDU BALA PANDEY ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-03-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 341, 323, 498A, 506 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 there is no allegation of tampering of witnesses alleged against the

Patna High Court Cr.Misc. No.9021 of 2018(3) dt.05-03-2018 2/2 petitioners. The petitioners have falsely been implicated in the present case. The case is triable by the Magistrate. The informant is in habit of instituting cases for similar offences. 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 Additional Chief Judicial Magistrate, Danapur in connection with Danapur P.S. case No.58 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Narendra/- (Sudhir Singh, J) U T