Patna High CourtCR. MISC./44666/2017bail granted

Mahendra Prasad And ANR v. State Of Bihar And ANR

2017-09-15Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44666 of 2017 Arising Out of PS.Case No. -431 Year- 2014 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Mahendra Prasad, S/O Late Ram Ekbal Singh.

2. Kunti Devi, W/O Sri Mahendra Prasad. Both residents of VillageAmarpur Paijaba, P.S. Mehandiganj, District-Patna. .... .... Petitioners

Versus

1. The State of Bihar.

2. Rekha Kumari, W/O Late Ajay Kumar Yadav, D/O Shivdhari Rai, R/VBegma Ki Haveli, Kalisthan Pani Tanki, P.S. Khejakala, District-Patna. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Sudish Kumar, Advocate. For the State : Mr. Prem Kumar Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-09-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Complaint Case No. 431 of 2014 for the offences instituted under Sections 498(A) of the IPC.

The prosecution story, in brief, is that the accused persons including the petitioners tortured the complainant due to non-fulfillment 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. They have falsely been implicated in the

Patna High Court Cr.Misc. No.44666 of 2017 (2) dt.15-09-2017 2/2 present case due to petty family dispute. The petitioner no. 1 is the father-in-law and petitioner no. 2 is the mother-in-law of the complainant. They are separate in mess and property from the husband of the complainant. 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. It has been submitted by learned counsel for the State that the petitioners are named in the complaint case.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on 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 Complaint Case No. 431 of 2014 on furnishing bail bond 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. Patna City, Patna, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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