Kanchan Devi And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48193 of 2017 Arising Out of PS. Case No.-293 Year-2016 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.

Kanchan Devi wife of Pintu Sao 2.

Pintu Sao son of Late Banwari Sao Both residents of Mohalla - Opposite Bihar Survey Office Lane, P.S. Alamganj, District - Patna, residents of Belwarganj near Radha Krishna Mandir, Northern side of Gali, P.S. Alamganju, Distt. Patna 3.

Ranjan Sao @ Lala Kumar son of Shri Birju Sao 4.

Sabita Devi wife of Shri Birju Sao, Both residents of Mohalla - Belwarganj, Near Radha Krishna Mandir, Northern Side in Gali, P.S. - Alamganj, District - Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Madhu Devi D/o Late Satya Narayan Sao, Wife of Raj Kumar Sao Resident of Village - Bhabhaul, P.S. - Pipra, District - Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Deepak Kumar Singh For the Opposite Party/s :

Mr. Sri Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-10-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 323, 498A of the Indian Penal Code and 3 and 4 of Dowry Prohibition Act.

Allegation against the petitioners is of committing torture upon the victim due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no

Patna High Court Cr.Misc. No.48193 of 2017(3) dt.17-10-2017 2/2 allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The petitioners are in-laws of the victim. They are separate in mess and property from the husband of the victim. 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 complaint case.

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 Shri Hare Ram, learned Judicial Magistrate, 1st class, Masaurhi (Patna) in connection with Complaint case No.293(C) 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