Dharmendra Kumar And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61850 of 2018 Arising Out of PS.Case No. -1620 Year- 2005 Thana -GAYA COMPLAINT CASE District- GAYA ======================================================

1. Dharmendra Kumar, S/o Dispatch Prasad, Resident of Village-Jhunathi, P.S. Muffasil, District-Nawada.

2. Binod Kumar Rajdan, S/o Vijay Verma, Resident of Village-Garahpur, P.S. Nawada, District-Nawada.

3. Sunita Devi, W/o Ganesh Prasad, Resident of Village-Jhunathi, P.S. Muffasil, District-Nawada.

4. Sunaina Devi, W/o Sadhu Ram, Resident of Mohalla-Rajendra Nagar, P.S. Nawada, District-Nawada. &

5. Daropati Devi, W/o Ramchandra Ram, Resdient of Village- Jhunathi, P.S. Muffasil, District-Nawada.

.... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sheo Kumar Prasad For the Opposite Party/s : Mr. Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-10-2018 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, 323 & 380 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 petitioners have falsely been implicated in the present case due to

Patna High Court Cr.Misc. No.61850 of 2018 (2) dt.04-10-2018 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, Gaya in connection with Complaint Case No. 1620 of 2005, 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