Lalji Pal And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12654 of 2018 Arising Out of PS.Case No. -20315 Year- 2016 Thana -GOPALGANJ COMPLAINT CASE District- GOPALGANJ ======================================================

1. Lalji Pal, S/o Thakur Pal,

2. Malti Devi W/o Lalji Pal,

3. Mukesh Pal S/o Lalji Pal, All are R/o village- Bandha Chhaper, P.S.- Bhorey, District- Gopalganj.

.... .... Petitioners

Versus

1. The State of Bihar.

2. Saroj Devi W/o Late Sanjay Pal, D/o Ram Naresh Pal, R/o VillageRajapur, P.S.- Phulwaria, District- Gopalganj. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Dhramveer For the Opposite Party/s : Mr. Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-08-2018 Supplementary affidavit has been filed on behalf of the petitioners.

Heard learned counsel for the petitioners, O.P. No. 2 and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 323, 498A of the Indian Penal Code. Allegation against the petitioners is of committing torture upon the victim due to non-fulfillment of demand of dowry. In paragraphs 3 & 4 of the supplementary affidavit, the undertakings, given by the petitioners, are as follows: "3. That the petitioner No. 1 in the interest of justice wants and willing to execute two

Patna High Court Cr.Misc. No.12654 of 2018 (6) dt.20-08-2018 Kathas of land in which residential house can be constructed and Rs. 40,000/- for fixed deposit in the name of Aditi Kumari aged about 3 (three) years in which petitioner No. 1 will be nominee till the Aditi Kumari becomes major.

4. That apart from the executing land and amount in fixed deposit, petitioner No. 1 is ready to take all care and maintenance of Aditi Kumari till her education and marriage".

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-XIII, Gopalganj in connection with Complaint Case No. (Regd) No. 20315 of 2016, Trial No. 2309 of 2017, 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