Devendra Singh And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24580 of 2018 Arising Out of PS. Case No.-1749 Year-2017 Thana- SASARAM MUFFSIL District- Rohtas ======================================================

1. Devendra Singh, son of Late Jagarnath Singh

2. Ashloka Devi, wife of Devendra Singh

3. Chandrama Singh, son of Devendra Singh

4. Saroja Devi wife of Chandrama Singh All resident of village Muradabad, P.S.- Sasaram (M), District- Rohtas. ... ... Petitioner/s

Versus

1. The State Of Bihar

2. Sandhya Devi, wife of Suraj Singh, and daughter of Bikrama Singh, r/omohalla Sapulahganj, P.s.- Sasaram (T), District- Rohtas. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajani Kant Singh For the Opposite Party/s :

Mr. Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-04-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 498A, 494 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 there is no allegation of tampering of witnesses alleged against the petitioners. The victim is in habit of instituting cases for similar offence against the husband and his family members.

Patna High Court Cr.Misc. No.24580 of 2018(2) dt.24-04-2018 2/2 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, Rohtas at Sasaram in connection with Sasaram (Mufassil) P.S. Case No. 1749 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T