Ram Swaroop Gupta And ANR v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.40211 of 2017 (2) dt.25-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40211 of 2017 Arising Out of PS.Case No. -523 Year- 2016 Thana -MUNGER COMPLAINT CASE DistrictMUNGER ======================================================

1. Ram Swaroop Gupta sonof Ram Awtar Tanti

2. Rita Devi wife of Ram Swaroop Gupta, both resident of village Akta Nagar, A. House No.39, Street No.01 (Behind D.M.W. Patiyala) P.O. Patiyala, P.S. Nabha, District Patiyala, in the State of Punjab, Pin code - 147001 .... .... Petitioner/s

Versus

1. The State of Bihar

2. Jyoti Devi wife of Vikash Kumar, daughter of late Hira Lal, resident of village Chhoti Daulatpur, P.S. Jamalpur, District Munger .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Ballabh Singh, Advocate For the Opposite Party/s : Mr. Umeshnand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-08-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 323, 504, 498A of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act.

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 petitioner that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court Cr.Misc. No.40211 of 2017 (2) dt.25-08-2017 petitioners. The petitioners have falsely been implicated in the present case. The case is triable by the Magistrate. 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 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 Sub Divisional Judicial Magistrate, Munger in connection with Complaint case No.523(C) 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