Anita Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10099 of 2018 Arising Out of PS. Case No.-358 Year-2017 Thana- BIDUPUR District- Vaishali ======================================================

1. Anita Devi wife of Upendra Pandit, resident of village Kathauliya, P.O. Kathauliya, P.S. Bidupur, District Vaishali

2. Khusbu Devi D/o Upendra Pandit wife of Pintu Pandit @ Pintu Kumar, resident of vilalge Beherua, P.O. & P.S. Nayagaon, District Saran (Chapra)

3. Neelam Devi D/o Upendra Pandit wife of Mithilesh Pandit, resident of village Rampur Shyamchand, P.O. Fatehpur, P.S. Raghopur, District Vaishali

4. Pintu Pandit @ Pintu Kumar son of Vijay Pandit, resident of village Bahuwa Gachi, P.O. & P.S. Nayagaon, District Saran, Chapra ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr. Awadhesh Kumar Singh, Advocate For the State :

Mr. UMESHNAND PANDIT, APP For the Informant :

Mr. Sachin Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-02-2018 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant. The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 447, 498A, 504/34 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 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

Patna High Court Cr.Misc. No.10099 of 2018(2) dt.20-02-2018 2/2 present case. 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 informant, 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 XIV, Vaishali at Hajipur in connection with Bidupur P.S. case No.358 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