Nirmala Devi @ Kala Devi @ Kalo Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34679 of 2018 Arising Out of PS. Case No.-471 Year-2017 Thana- BAHADURPUR District- Darbhanga ======================================================

1. Nirmala Devi @ Kala Devi @ Kalo Devi, Wife of Shri Arjun Yadav,

2. Arjun Yadav, Son of Late Ram Pradarath Yadav, Both residents of Village+Post- Pator, Tolla- Rampura, P.S.- Ashok Paper Mill, District- Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Aaruni Singh For the Opposite Party/s :

Mr. Sri Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-06-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 498A/34, 363, 366A of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

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. The main allegation is against co-accused Rajish

Patna High Court Cr.Misc. No.34679 of 2018(2) dt.19-06-2018 2/2 Yadav. So far the petitioners are concerned, they are mother and father of co-accused Rajish Yadav. They are separate in mess and property from co-accused Rajish Yadav. 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) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Darbhanga in connection with Bahadurpur P.S. case No.471 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