Patna High CourtCR. MISC./5719/2018disposed

Ram Bilash Singh And ANR v. State Of Bihar And ANR

2018-04-11Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5719 of 2018 Arising Out of PS. Case No.-860 Year-2017 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ======================================================

1. Ram Bilash Singh, Son of Late Gita Singh,

2. Usha Singh, Wife of Ram Bilash Singh, Both resident fo Ambika Goswami Quarter Number 12/D/12, West Anandpuri, Boring Canal Road, P.S.- Sri Krishnapuri, District- Patna, Permanent address is resident of Village- Shyampur, P.S.- Kudabanpur, District- Begusarai.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Minakshi Kumari @ Beauty, Wife of Sri Risikesh Kumar, Daughter of Sri Umesh Prasad Chaudhary, Resident of Mohalla- Baikunthpur, Ashwarya Lok, Near Bairiya Bus Stand, PS.- Ahiyapur, District- Muzaffarpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nilesh Kumar For the Opposite Party/s :

Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-04-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under 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 petitioner No.2 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court Cr.Misc. No.5719 of 2018(3) dt.11-04-2018 2/2 petitioners. The petitioners have falsely been implicated in the present case. 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. Other co-accused has been granted anticipatory bail vide order dated 07.03.2018.

On behalf of the State, it is submitted that the petitioners are named in the complaint case.

Considering the aforesaid facts and circumstances, provisional anticipatory bail granted to the petitioners by order dated 09.02.2018 stands confirmed in connection with Complaint case No.860 of 2017, learned Sub Divisional Judicial Magistrate, Muzaffarpur (East).

Narendra/- (Sudhir Singh, J) U T