Ganga Ram Choudhary And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25845 of 2018 Arising Out of PS. Case No.-360 Year-2016 Thana- COMPLAINT CASE District- Supaul ======================================================

1. Ganga Ram Choudhary, Son of Late Mahabir Choudhary,

2. Manju Devi, Wife of Ganga Ram Choudhary, Both resident of Village- Sukhasan, Police Station- Kishanpur, District- Supaul. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Ranjan Devi, Wife of Nand Lal Choudhary and Daughter of Kashi Lal resident of Village Lakshaminia P.S. Pipra Dist.- Supaul. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Veena Kumari Jaiswal For the Opposite Party/s :

Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-04-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 498A, 323, 504, 379 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 are father-in-law and mother-in-law

Patna High Court Cr.Misc. No.25845 of 2018(2) dt.27-04-2018 2/2 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., Supaul in connection with Complaint Case No. 360(c)/2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T