Kala Devi @ Geeta Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.61414 of 2017 Arising Out of PS. Case No.-12 Year-2016 Thana- MURLIGANJ District- Madhepura ======================================================
1. Kala Devi @ Geeta Devi, W/o Sikandra yadav,
2. Sushil Yadav S/o Sikendra Yadav, Both are R/o Village- Khari, P.S.- Murliganj, District- Madhepura.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dinesh Prasad Verma For the Opposite Party/s :
Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-04-2018 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, 363/34 of the Indian Penal Code.
Allegation is that the accused persons including the petitioners committed torture upon the daughter of the informant due to non-fulfilment of demand of dowry and due to anger his daughter fled away some where.
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
Patna High Court Cr.Misc. No.61414 of 2017(5) dt.09-04-2018 2/2 present case. All the offences are triable by the Magistrate. The witnesses in paragraphs 8, 9, 10 and 11 of the case diary have categorically stated that there was no dispute between the husband and the wife. 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 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) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Murliganj P.S. case No.12 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Narendra/- (Sudhir Singh, J) U T