Nago Devi And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42179 of 2018 ======================================================

1. Nago Devi, W/o Late Madho Das,

2. Shambhu Das S/o Late Madho Das, Both Residents of Vill.- Garha, P.S.- Runnisaidpur, District- Sitamarhi.

.... .... Petitioners

Versus

1. The State of Bihar.

2. Susint Kumari W/o Shambhu Das, R/o Vill.- Garha, P.S.- Runnisaidpur, District- Sitamarhi, present D/o Pawan Das, R/o Vill.- Bazidpur, P.S.- Dumara, District- Sitamarhi.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Alok Kumar Jha For the Opposite Party : Mr. Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Section 498A/34 of the Indian Penal Code. Allegation against the petitioners is of committing torture upon the victim due to non-fulfillment 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 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

Patna High Court Cr.Misc. No.42179 of 2018 (2) dt.18-07-2018 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 Complaint Case/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 Chief Judicial Magistrate, Sitamarhi in connection with Runnisaidpur P.S. Case No. 36 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V./- U T