Gopal Ji Sahay And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2177 of 2019 Arising Out of PS. Case No.-85 Year-2018 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ======================================================

1. Gopal Ji Sahay, Son of Late Bhagwan Prasad.

2. Shashi Prabha @ Shashi Prabha Sahay, Wife of Gopal Ji Sahay.

3. Alok Sahay @ Alok Kumar, Son of Gopal Ji Sahay. All resident of Mali Tola Mungariganj, P.S-Begusarai Town,Dist.-Begusarai. ... ... Petitioners

Versus

1. The State of Bihar.

2. Anjan Kumari, Wife of Abhishek Kumar, Daughter of Krishna Mohan Prasad, Resident of Mohalla-Lohia Nagar, P.S-Begusarai Town, Distt.-Begusarai. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioners :

Mr.Manoj Kumar, Advocate.

For the State :

Mr.Bhanu Pratap Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-01-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Section 498(A) of the IPC. The prosecution story, in brief, is that the accused persons including the petitioners tortured the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case due to petty family dispute. The

Patna High Court Cr.Misc. No.2177 of 2019(2) dt.16-01-2019 2/2 petitioner no. 1 is father-in-law, petitioner no. 2 is mother-in-law and petitioner no. 3 is Dewar of the victim. They are separate in mess and property from the husband of the victim. 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 learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or 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 the learned S.D.J.M. Begusarai, in connection with Complaint Case No. 85C of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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