Sudamiya Devi @ Buchi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67853 of 2021 Arising Out of PS. Case No.-2061 Year-2019 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== 1.

SUDAMIYA DEVI @ BUCHI DEVI W/o Langat Sah @ Langer Sah Resident of Village - Patpariya, P.S. - Motihari Muffasil (Lakhaura), Dist. - East Champaran.

2.

Sonu Kumar Son of Langat Sah @ Langer Sah Resident of Village - Patpariya, P.S. - Motihari Muffasil (Lakhaura), Dist. - East Champaran. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Pinki Kumari Wife of Suresh Sah, Daughter of Jhagaru Sah Resident of Village - Patpariya, P.S. - Motihari Muffasil (Lakhaura), Dist. - East Champaran. Presently resident of Village - Barwa, P.S. - Lakhaura, District - East Champaran.

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

For the Petitioner :

Mr.Ajay Kumar Singh, Advocate For the State :

Mr.Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-12-2021 Heard learned counsel for the petitioners and learned APP for the State.

Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioners are apprehending their arrest in connection with Tr. No.2383/2021 arising out of Complaint case No. C-2061/2019 registered under Section 498A of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioners is of committing

Patna High Court CR. MISC. No.67853 of 2021(2) dt.16-12-2021 2/3 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 petitioners. The petitioners have falsely been implicated in the present case. The petitioner No.1 is mother-in-law and petitioner No.2 is brother-in-law of the victim. 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 facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Sadar, Motihari, East Champaran in connection with Tr. No.2383/2021 arising out of Complaint case No. C-2061/2019,

Patna High Court CR. MISC. No.67853 of 2021(2) dt.16-12-2021 3/3 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T