Chandrakala Devi And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22022 of 2018 Arising Out of PS. Case No.-816 Year-2016 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ======================================================

1. Chandrakala Devi, Wife of Badudev Das,

2. Mantun Devi, Wife of Nirdhan Das, Both are resident of Village- Basuara, P.S.- Madhubani, District- Madhubani. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Arti Devi, wife of Nirdhan Das, resident of Village- Basuara, P.S- Madhubani, District- Madhubani. At present Arti Devi, D/o Siheshwar Das, resident of Village- Belam, P.S.- Sakari, District- Madhubani. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Jitendra Kumar Bharti, Adv.

Mrs. Kanchan Jha, Adv.

For the State :

Smt. Anusuiya Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-04-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 323, 379, 498A 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 petitioners. The petitioners have falsely been implicated in the

Patna High Court Cr.Misc. No.22022 of 2018(2) dt.13-04-2018 2/2 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. 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., Madhubani in connection with C.R. No.816 (CIS)/ 904 (C.R.) of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T