Arun Kumar And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47301 of 2018 Arising Out of PS. Case No.-255 Year-2018 Thana- HAJIPUR District- Vaishali ======================================================

1. Arun Kumar, aged about 52 years (Sasur) son of Late Sukhdeo Singh,

2. Ahalya Devi, aged about 47 years (Saas) wife of Arun Kumar null

3. Anjali Ranjan, aged about 23 years (Nanad) daughter of Arun Kumar All resident of Village- Baadipur, Post- Chiraura, Police Station- Naubatpur, District- Patna. At present resident of Flat No. 302, LSVS, Shushila Residency, Jawahar Nagar, Sri Haripuram Malkapuram, Police Station- Malkapuram, DistrictVishakhapatnam Andhra Pradesh. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Jyotshna Shubham Daughter of Awadhesh Kumar Sharma, resident of Mohalla- Narayani Nagar, Road No. 7, Sanchipatti, Hajipur, P.S.- Hajipur, District- Vaishali, Mobile No. 9708941088.

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

For the Petitioner/s :

Mr. Sunil Kumar Singh For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-08-2018 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, 506 and 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

Patna High Court Cr.Misc. No.47301 of 2018(2) dt.02-08-2018 2/2 the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the 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 Chief Judicial Magistrate, Hajipur in connection with Town P.S. Case No. 255 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T