Baid Nath Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28137 of 2018 Arising Out of PS. Case No.-174 Year-2017 Thana- KOTWALI District- Patna ======================================================

1. Baid Nath Rai, son of Late Jawahar Lal

2. Durga Devi, wife of Baidya Nath Rai Both are Resident of Village- Anisabad, near Post Office Gali, Patna P.S. Gardanibagh, District- Patna.

3. Babli Kumari @ Babli Devi, wife of Umesh Rai, Resident of Village- Saristabad, P.S. Gardanibagh, District- Patna.

4. Poonam Devi, wife of Rajesh Kumar.

5. Rajesh Kumar, son of Subeda Singh, Both are Resident of Village- Phulia Tola, P.S. Phulwari Sharif, District Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar For the Opposite Party/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-05-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 342, 323, 498A/34 of the Indian Penal Code and Section 37(B)(C) of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioners is of committing torture upon the victim due to non-fulfilment of demand of dowry. There is further allegation of causing mental torture to the victim by the accused person in a drunken state. It has been submitted on behalf of the petitioners that

Patna High Court Cr.Misc. No.28137 of 2018(2) dt.07-05-2018 2/2 the petitioner nos. 2 to 5 have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners are in-laws. They have falsely been implicated in the present case due to petty family dispute. 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 Special Judge, Excise, Patna in connection with Kotwali P.S. Case No. 174/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T