Sunaina Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9701 of 2018 Arising Out of PS. Case No.-134 Year-2017 Thana- MAHILA P.S. District- Bhojpur ======================================================

1. Sunaina Devi w/o Baban Singh

2. Soni Devi D/o Baban Singh

3. Ravindra Singh S/o Baban Singh

4. Baban Singh S/o late Kuldeep Singh, all are resident of vill. Dariyapur, P.S. Ara Muffasil, Dist. Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Rajani Ranjan Pd. Singh, Advocate For the State :

Mr. ANIL KUMAR, APP For the Informant :

Mr. Abhishek, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-02-2018 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 498A, 379, 504 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 case is triable by the Magistrate. The

Patna High Court Cr.Misc. No.9701 of 2018(2) dt.19-02-2018 2/2 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 S.D.J.M., Bhojpur at Ara in connection with Bhojpur Mahila P.S. case No.134 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

The informant will be at liberty to approach the Family Court for redressal of her grievance, if so advised. Narendra/- (Sudhir Singh, J) U T