Upendra Ram And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69824 of 2018 Arising Out of PS. Case No.-9 Year-2018 Thana- ARWAL MAHILA District- Jehanabad ======================================================

1. Upendra Ram, Son of Sipahi Ram,

2. Rita Devi, Wife of Birendra Ram,

3. Gita Devi, Wife of Upendra Ram.

4. Satyendra Ram, Son of Sipahi Ram,

5. Priyanka Devi, Wife of Satyendra Ram, All are the residents of Village Bachari, P.S. Piro, District Bhojpur at Arrah. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Suman Kumari (Wife of Mahenda Kumar Ram), presently daughter of Shri Darshan Ram, Resident of Village Makhbhilpur, P.S.- Karpi, District- Arwal. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anita Kumari Singh For the Opposite Party/s :

Mr. Sri Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-11-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 494, 498A, 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-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 tampering of witnesses alleged against the

Patna High Court Cr.Misc. No.69824 of 2018(2) dt.27-11-2018 2/2 petitioners. The petitioners are in-laws of the victim. 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 S.D.J.M., Arwal in connection with Arwal Mahila P.S. Case No. 9/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T