Pradeep Mukhiya And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38818 of 2018 Arising Out of PS. Case No.-319 Year-2016 Thana- MADHEPURA COMPALINT CASE District- Madhepura ======================================================

1. Pradeep Mukhiya S/o Lalan Mukhiya

2. Lalan Mukhiya S/o Late Subodh Mukhiya, Both residents of Village- Brahampur, P.O.- Bairo, P.S.- Supaul, District- Supaul. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Reena Devi W/o Pradeep Mukhiya, resident of Village- Brahampur, P.O.- Bairo, P.S.- Supaul, District- Supaul. presently resident- D/o Chandradeo Mukhiya, Village- Bhawanipur, P.S. Singheshwar, District- Madhepura. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr. Pawan Kumar, Advocate For the State :

Mr. Md. Arif, APP For Opposite Party No.2 :

Ms. Kumari Rashmi, Advocate Mr. Shailendra Kr. Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-07-2018 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the opposite party No.2.

The petitioners seek bail in a case registered under Section 498A 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 are in custody since 24.04.2018 and have got no criminal antecedent. There is no allegation of tampering of

Patna High Court Cr.Misc. No.38818 of 2018(2) dt.05-07-2018 2/2 witnesses alleged 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 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 and learned counsel for the opposite party No.2, it is submitted that the petitioners are named in the complaint case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sri Vidya Prasad, A.C.J.M. II, Madhepura in connection with Complaint case No.319 of 2016.

(Sudhir Singh, J) Narendra/- U T