Amar Bind And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7658 of 2018 Arising Out of PS. Case No.-278 Year-2017 Thana- BHABHU(KAIMUR) COMPLAIN C District- Bhabhua (Kaimur) ======================================================
1. Amar Bind,
2. Manoj Bind, Both Sons of Lal Muni Bind
3. Lalmuni Bind, son of Ram Singar Bind,
4. Chandrojyoti Devi @ Chandra Jyoti Devi, Wife of Lalmuni Bind, all resident of Village Sarangpur, P.S. Bhabua, DistrictKaimur at Bhabua. ... ... Petitioner/s
Versus
1. The State of Bihar.
2. Arti Devi, Wife of Amar Bind, D/o Chaiber Bind, resident of Village Sarangpur, P.S. Bhabua, District Kaimar at Bhabua, at present R/o Village Lohra, P.S. Chainpur, District Kaimur at Bhabua. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Tribhuwan Narayan For the Opposite Party/s :
Mr. TARUN PRASAD MANDAL ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-02-2018 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 of the Indian Penal Code and 3 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
Patna High Court Cr.Misc. No.7658 of 2018(3) dt.22-02-2018 2/2 allegation of tampering of witnesses alleged against the petitioners. Petitioner no. 1 is the husband and rest are in-laws 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 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 S.D.J.M., Kaimur at Bhabhua in connection with Bhabua Complaint Case No. 278 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