Visundev Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65174 of 2021 Arising Out of PS. Case No.-34 Year-2021 Thana- TELHARA District- Nalanda ====================================================== 1.

VISUNDEV PRASAD Son of Deo narayan Prasad Resident of Village - Telhara, P.S. - Telhara, District - Nalanda.

2.

Renubala Devi Wife of Visundev Prasad Resident of Village - Telhara, P.S. - Telhara, District - Nalanda.

3.

Nand Mohan @ Bunty Son of Visundev Prasad Resident of Village - Telhara, P.S. - Telhara, District - Nalanda.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Vinita Kumari Daughter of Late Lal Babu Sharma, Wife of Prem Mohan Resident of Village - Nurhinganj, P.S. - Malsalami, District - Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs.Priyanka Singh, Advocate For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-11-2021 Heard learned counsel for the petitioners and learned APP for the State.

Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks. The petitioners are apprehending their arrest in connection with Telhara P.S. case No.34 of 2021 registered under Sections 498A/34 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

Patna High Court CR. MISC. No.65174 of 2021(2) dt.30-11-2021 2/2 tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The petitioner No.1is father-in-law, petitioner No.2 is mother-in-law and petitioner No.3 is brother-in-law of the victim. 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 facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Hilsa, Nalanda in connection with Telhara P.S. case No.34 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T