Ganesh Das @ Ganeshi Das And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23870 of 2018 Arising Out of PS. Case No.-106 Year-2017 Thana- BATHNAHA District- Sitamarhi ======================================================

1. Ganesh Das @ Ganeshi Das son of Late Sarjug Das

2. Pramila Devi @ Araria Wali wife of Ganeshi Das @ Ganesh Das

3. Surendra Das son of Ganeshi Das @ Ganesh Das

4. Manoj Das son of Ganeshi Das @ Ganesh Das

5. Dhanoj Das son of Ganeshi Das @ Ganesh Das

6. Mantoriya Devi @ Mantoriya Das @ Mantoran Das wife of Surendra Das @ Ganesh Das All R/o Bathnaha, P.S. Bathnaha, District - Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Jha For the Opposite Party/s :

Mr. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-04-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 498A, 504, 506 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

Patna High Court Cr.Misc. No.23870 of 2018(2) dt.23-04-2018 2/2 petitioners. The petitioners are in-laws. They 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 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 Bathnaha P.S. Case No. 106/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T