Ratneshwer Jha And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28859 of 2017 Arising Out of PS.Case No. -5 Year- 2017 Thana -MAHILA P.S. District- MADHUBANI ======================================================

1. Ratneshwer Jha, Son of Hirdya Narayan Jha,

2. Reeta Jha, W/o Ratneshwar Jha, Both Resident of Village- Deohar, P.S.- Andhrathadhi, District- Madhubani.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate. For the Opposite Party/s : Mr. C. Jawahar, A.P.P. For the Informant : Mr. Shailendra Kumar Jha,Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-07-2017 Heard learned counsel for the petitioners, learned counsel for the informant and learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in connection with Mahila P.S. Case No.05 of 2017 for the offences instituted under Sections 341, 323, 324, 504, 498(A)/34 of the Indian Penal Code and Sections 3/4 of D.P. Act. The allegation against the petitioners is of committing torture upon the victim due to non-fulfillment of the 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

Patna High Court Cr.Misc. No.28859 of 2017 (3) dt.20-07-2017 2/2 petitioners. The petitioners have falsely been implicated in the present case. The case is triable by the Magistrate. The petitioner no.1 is father-in-law of the informant and the petitioner no.2 is mother-in-law of the informant. They are separate in mess and property from the husband of the informant. The petitioners have further relied upon the judgment of this court, in the case of Md. Naimul Haque Ansari Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State and the counsel for the informant, 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 anticipatory 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 Mahila P.S. Case No.05 of 2017 on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Madhubani, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T