Guddi Devi And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45147 of 2017 Arising Out of PS. Case No.-134 Year-2017 Thana- CHIRAIYA District- East Champaran ======================================================
1. Guddi Devi w/o Late Rishi Kumar Yadav, resident of village Keshariya, P.S. Sukhdeo Chawk, District Rautahat (Nepal)
2. Lalan Kumar @ Lalan Kumar Yadav S/o Birendra Rai, resident of vilalge Mandilwa, P.S. Chiraiya, District East Champaran ... ... Petitioner/s
Versus
1. State Of Bihar
2. Nikki Devi w/o Lalan Kumar @ Lalan Kumar Yadav, D/o Subhnarayan Prasad Yadav, resident of village Godhiya, P.S. Lakhaura, District East Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Kumar Singh, Advocate For the Opposite Party/s :
Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-09-2017 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 498A, 308, 379, 504, 506/34 of the Indian Penal Code.
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 petitioners. The petitioners have falsely been implicated in the present case due to petty family dispute. The petitioners have
Patna High Court Cr.Misc. No.45147 of 2017(2) dt.15-09-2017 2/2 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 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) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Sikarhana, Dhaka in connection with Chiraiya P.S. case No.134 of 2017 (G.R. No.631 of 2017), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T