Awadesh Thakur And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44218 of 2018 Arising Out of PS.Case No. -1138 Year- 2015 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ======================================================

1. Awadesh Thakur, Son of Late Ram Duan Thakur,

2. Bibha Devi, Wife of Awadhesh Thakur, Both resident of VillageBasuaa, Police Station- Aurai, District- Muzaffarpur.

3. Kiran Kumari, Wife of Dheeraj Kumar, Resident of Village- Budhnagar Deudhi, Police Station- Nanpur, District- Sitamarhi.

4. Priyanka Kumari, Wife of Bipin Kumar Thakur, Resident of VillageKamtaul, Police Station- Kamtaul, District- Darbhanga. .... .... Petitioners

Versus

1. The State of Bihar.

2. Renuka Kumari, Daughter of Shri Lalan Tiwary, Wife of Shri Amit Kumar, Resident of Fathers house Village- Jata, Police Station- Gaighat, Dustrict- Muzaffarpur.

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

For the Petitioners : Mr. Ravi Ranjan For the Opposite Party/s : Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-07-2018 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/34 of the Indian Penal Code. 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 alleged against the petitioners. The

Patna High Court Cr.Misc. No.44218 of 2018 (2) dt.23-07-2018 petitioners 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 ACJM-cum-Sub Judge16, Muzaffarpur in connection with Trial No. 867 of 2018 arising out of Complaint Case No. 1138 of 2015, 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