Sheela Devi And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10944 of 2018 Arising Out of PS. Case No.-269 Year-2016 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ======================================================

1. Sheela Devi, wife of Madan Lal Jaiswal @ Madan Pal Jaiswal.

2. Madan Lal Jaiswal @ Madan Pal Jaiswal, son of Late Moti Lal Jaiswal. Both Resident of Village- Deipur Badaura Bazar, P.S.- Jansa, District- Varanasi (U.P.).

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Munni Devi, wife of Shambhu Prasad Jaiswal, Resident of VillageSheosagar, P.O.- Baraila, P.S.- Sheosagar, District- Rohtas. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.JAGDHAR PRASAD ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-02-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Section 498A of the Indian Penal Code and 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 are mother-in-law and father-in-law

Patna High Court Cr.Misc. No.10944 of 2018(2) dt.26-02-2018 2/2 respectively of the victim. The petitioners have falsely been implicated in the present case due to petty family dispute. They are separate in mess and property with the husband of the victim. 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.. 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., Sasaram, District- Rohtas in connection with Complaint Case No. 269 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.