Mahesh Yadav And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41740 of 2018 Arising Out of PS.Case No. -29 Year- 2018 Thana -MAHILA P.S. District- MADHEPURA ======================================================

1. Mahesh Yadav, Son of Murli Singh Yadav,

2. Murli Singh Yadav @ Murli Singh, Son of Late Parshotim Yadav.

3. Fulwashi Devi Devi, Wife of Murli Singh Yadav.

4. Bhavna Kumari, D/o Murli Singh Yadav. All resident of VillageHarpur, P.S. Jamania, District- Gajipur (U.P.).

5. Sadhna Devi, Wife of Uday Pratap Singh, Resident of Village- Awati, P.S.- Dhina, Chauki Kamlapur, District- Chandauli (U.P.). .... .... Petitioners

Versus

1. The State of Bihar.

2. Soni Kumari, D/o Nand Lal Yadav, Resident of Village- Tiyana, P.S.- Ramgarh, District- Kaimur (Bhabua).

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Nandan Sahay For the Opposite Party/s : Mr. Sri Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-07-2018 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, 379/34 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.41740 of 2018 (2) dt.18-07-2018 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 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 Sub Divisional Judicial Magistrate, Bhabua, Kaimur in connection with Mahila Bhabua P.S. Case No. 29 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