Suchit Pal And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53239 of 2018 Arising Out of PS.Case No. -177 Year- 2018 Thana -ITARHI District- BUXAR ======================================================

1. Suchit Pal Son of Sukhari Raj

2. Janki Devi Wife of Suchit Pal Both Resident of Village- Kukudha, P.S. Itarhi, District- Buxar.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bachan Jee Ojha For the State : Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-09-2018 Heard learned counsel for the petitioners and learned APP for the State.

At the outset, learned counsel for the petitioners has submitted that during pendency of this Cr. Misc. application, petitioner No. 1 namely, Suchit Pal has already been arrested. Accordingly, prayer for anticipatory bail of the petitioner No. 1 namely, Suchit Pal is dismissed as withdrawn. The petitioner No. 2 namely, Janki Devi is apprehending her arrest in a case registered under Sections 341, 323, 498(A), 494, 504, 34 of the Indian Penal Code.

Allegation against the petitioner No. 2 is of committing torture upon the victim due to non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioner No. 2 that

Patna High Court Cr.Misc. No.53239 of 2018 (2) dt.04-09-2018 the petitioner No. 2 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner No. 2. The petitioner No. 2 has falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The petitioner No. 2 has 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 petitioner No. 2 is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, No. 2 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 Additional Chief Judicial Magistrate-II, Buxar in connection with Itarhi P.S. Case No. 177 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