Mritunjai Pandey And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.859 of 2018 Arising Out of PS. Case No.-1225 Year-2016 Thana- BHABHU(KAIMUR) COMPLAIN C District- Bhabhua (Kaimur) ======================================================
1. Mritunjai Pandey son of late Chandrika Pandey
2. Ashok Kumar Pandey son of Mritunjai Pandey
3. Shashi Prabha Devi @ Shashi Prabha @ Shashi Prabh wife of Ashok Kumar Pandey
4. Dhananjai Pandey son of late Chandrika Pandey
5. Atul Kumar Pandey son of Dhananjay Pandey
6. Amit Kumar Pandey son of Dhananjay Pandey, all resident of village Rampur Chamrahi, P.S. Baburi, District Chandauli (U.P.) ... ... Petitioner/s
Versus
1. The State Of Bihar
2. Sanju Devi wife of late Dhanshyam Pandey R/o village Rampur Chmrahi, P.S. Baburi, District Chandauli (U.P.), at present R/o village Khaira, P.O. Darauli, P.S. Bhabua, District Kaimur at Bhabua ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Tribhuwan Narayan For the Opposite Party/s :
Mr. RAMCHANDRA SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-01-2018 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, 406, 120B/34 of the Indian Penal Code, but cognizance has been taken under Section 498A of the I.P.C.
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
Patna High Court Cr.Misc. No.859 of 2018(2) dt.08-01-2018 2/2 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. 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.
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 A.C.J.M. 1st, Kaimur at Bhabua in connection with Complaint case No.1225 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Narendra/- U T