Ayodhya Prasad @ Ayodhya Prasad Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38468 of 2018 Arising Out of PS.Case No. -47 Year- 2018 Thana -MAHILA P.S. District- BHOJPUR ======================================================

1. AYODHYA PRASAD @ AYODHYA PRASAD RAI

2. Shanti Devi W/o Ayodhya Prasad

3. Dharmendra Kumar S/o Ayodhya Prasad

4. Saneeta Kumari @ Sangeeta Devi W/o Dharmendra Kumar All residents of Village - Jagdishpur, Police Station - Karakat (Gorari), District - Rohtas (Bihar).

5. Kumari Teenu @ Aarti Devi W/o Rakesh Kumar Pandey, D/o Ayodhya Prasad Resident of Village - Chotka More, Police Station - Sasaram Muffasil, District - Rohtas.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Saket Gupta For the Opposite Party/s : Mr. Sri Binod Kumar ====================================================== 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 Sections 498A, 379, 504, 506 read with 34 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-fulfillment 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 against the petitioners. The petitioners

Patna High Court Cr.Misc. No.38468 of 2018 (2) dt.05-07-2018 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 petitioner, 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) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Ara in connection with Ara Mahila P.S. Case No. 47 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T