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Patna High CourtCR. MISC./7064/2018bail granted

Ranjit Mukhia @ Ranjit Kumar Mukhia And ORS v. State Of Bihar And ANR

2018-02-06Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7064 of 2018 Arising Out of PS. Case No.-164 Year-2017 Thana- MAHILA P.S District- Supaul ======================================================

1. Ranjit Mukhia @ Ranjit Kumar Mukhia,

2. Rajesh Mukhia @ Rajesh Kumar Mukhia.

3. Sanjay Mukhia @ Sanjay Kumar Mukhia, All sons of Gatyanarayan Mukhia,

4. Satyanarayan Mukhia, S/o Late Gunilal Mukhia,

5. Ahilya Devi, W/o Satyanarayan Mukhia, All residents of Village- Jeewachpur, Police Station- Bheempur, District- Supaul. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Priti Devi, W/o Ranjit Mukhia @ Ranjit Kumar Mukhia, D/o Jagdish Chaudhary , R/o Vill- Kuparia, PO- Baljoura, P.S- Triveniganj, Distt- Supaul. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Verma For the Opposite Party/s :

Mr. MADHURANAND JHA ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-02-2018 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, 323, 341, 504, 506, 34 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

Patna High Court Cr.Misc. No.7064 of 2018(2) dt.06-02-2018 2/2 petitioners. The petitioner nos 1 to 5 are husband, brother-inlaw, brother-in-law, father-in-law and mother-in-law respectively of the victim. 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 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 CJM, Supaul, in connection with Mahila P.S. Supaul Case No. 164 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