Jawahar Choudhary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3687 of 2018 Arising Out of PS.Case No. -38 Year- 2015 Thana -MAHILA THANA District- BEGUSARAI ======================================================

1. Jawahar Choudhary, Son of Hiyalal Choudhary,

2. Manju Devi, Wife of Jawahar Choudhary.

3. Raju Choudhary, Son of Jawahar Choudhary, 1 to 3 are resident of Village- Chandpura, P.S.- Nima Chandpura, District- Begusarai.

4. Daulti Kumari @ Doth Kumari, D/o Laxmi Choudhary @ Sharvan Coudhary, resident of Village- Janakpur Tola, Chhoti Ballia, P.S.- Ballia, District- Begusarai.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Nakul Kumar Jamuar, Advocate. For the Opposite Party : Smt. Pushpa Sinha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-01-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 498(A), 494 of the IPC and 3⁄4 of the D.P. Act.

The prosecution story, in brief, is that the accused persons including the petitioners tortured the victim due to nonfulfillment of demand of dowry. It has been submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in the present case due to petty family dispute. There is no allegation of tampering with the witnesses alleged against the petitioners. The

Patna High Court Cr.Misc. No.3687 of 2018 (2) dt.18-01-2018 2/2 petitioners are in-laws of the victim. They are separate in mess and property from the husband of the victim. The informant is in habit of instituting such cases against the petitioners and their family members. The case is triable by the Magistrate. The petitioners have further 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 learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or 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 the learned S.D.J.M. Begusarai, in connection with Begusarai Mahila P.S. Case No. 38 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T