Pramod Roy And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41042 of 2017 Arising Out of PS.Case No. -251 Year- 2017 Thana -LAKHISARAI District- LAKHISARAI ======================================================

1. Pramod Roy son of Shib Balak Roy

2. Gauri Devi W/o Pramod Roy

3. Abhinandan Kumar S/o Pramod Roy, all are resident of Naya tola Chikiya, P.S. Chakiya, Dist.- Begusarai .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Jainendra Kumar For the Opposite Party/s : Mr. Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-08-2017 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in connection with Lakhisarai P.S. Case No. 251 of 2017 for the offences instituted under Sections 342, 323, 307, 504, 506, 494, 498(A), 120(B) of the Indian Penal Code and 3⁄4 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 petitioners. The petitioners have falsely been implicated in the

Patna High Court Cr.Misc. No.41042 of 2017 (2) dt.28-08-2017 2/2 present case. The petitioner no.1 is father-in-law of the informant, petitioner no.2 is mother-in-law of the informant and petitioner no.3 is Devar of the informant. They are separate in mess and property from the husband of the victim. 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, 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 Lakhisarai P.S. Case No. 251 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., Lakhisarai, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T