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Patna High CourtCR. MISC./37666/2017bail granted

Sri Jagat Lal Yadav And ANR v. The State Of Bihar

2017-08-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37666 of 2017 Arising Out of PS.Case No. -181 Year- 2016 Thana -SIKTI District- ARRARIA ======================================================

1. Sri Jagat Lal Yadav, Son of Foudi Yadav,

2. Parwati Devi W/o Sri Jagat Lal Yadav, R/o Village- Koulhua, P.S.- Kursakanta , District- Araria.

.... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Kundan Kumar Singh, Advocate. For the Opposite Party : Mr. Ram Bilash Roy Raman, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-08-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Sikty (Bardaha) P.S. Case No. 181/2016 for the offences instituted under Sections 341, 323, 324, 325, 308, 504, 506 and 498(A) of the IPC.

The prosecution story, in brief, is that the accused persons including the petitioners tortured the informant 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 with the witnesses alleged against the petitioners.

Patna High Court Cr.Misc. No.37666 of 2017 (2) dt.10-08-2017 2/2 They have falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The petitioners are father-in-law and mother-in-law of the victim. They are separate in mess and property from the husband of the victim. The matter has already been compromised between the parties vide Annexure-2 to the present application. The petitioners have further 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 has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Sikty (Bardaha) P.S. Case No. 181/2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Araria, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T