Dilip Kumar Mishra @ Dilip Mishra And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38219 of 2018 Arising Out of PS. Case No.-1209 Year-2011 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ======================================================

1. Dilip Kumar Mishra @ Dilip Mishra, Son of Late Kameshwar Mishra,

2. Priti Devi @ Jusi Devi @ Jusi, Wife of Dilip Kumar Mishra @ Dilip Mishra,

3. Pari Devi, Wife of Late Kameshwar Mishra, All are residents of Village- Bhagwanpur Piprahi, P.S.- Riga, District- Sitamarhi. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Chanchala Devi @ Chunni Devi, Wife of Rajan Mishra, D/o Shatrughan Singh at present residing in Village- Madpa Kachar, P.S.- Kanhauli, DistrictSitamarhi, Permanent resident of Bhagwanpur, Piprahi, P.S.- Riga, DistrictSitamarhi. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shiva Shankar Sharma For the Opposite Party/s :

Mr. Sri Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-07-2018 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. 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

Patna High Court Cr.Misc. No.38219 of 2018(2) dt.05-07-2018 2/2 petitioners. The petitioners are in laws. 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., Sitamarhi in connection with Complaint Case No. 1/1209/11, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T