Patna High CourtCR. MISC./53188/2017bail granted

Pritam Prasad And ORS v. State Of Bihar And ANR

2017-11-09Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53188 of 2017 Arising Out of PS. Case No.-663 Year-2017 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ======================================================

1. Pritam Prasad, son of Lakhdev Prasad.

2. Arvind Prasad, Son of Lakhdev Prasad.

3. Suman Devi @ Susman Devi, Wife of Pritam Prasad.

4. Vibha Devi, Wife of Bhairav Prasad, All 1 to 4 are the residents of Village- Karasghat Kathariya, P.S.- Mohmmadpur, DistrictGopalganj.

5. Jairam Prasad, Son of Late Rajnan Bhagat.

6. Ram Kuwer Prasad @ Ram Kumar Bhagat, Son of Late Kashi Bhagat. Both 5 and 6 are resident of Village- Jagarnatha, P.S.- Manjhagarh, District- Gopalganj.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Sangeeta Devi, Wife of Bipin Prasad, Daughter of Rajendra Bhagat, Resident of Village- Jagarnatha, P.O. & P.S.- Manjhagarh, DistrictGopalganj. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Javed Aslam, Advocate For the State :

Smt. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-11-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 498A, 323/34 of the Indian Penal Code.

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.53188 of 2017(2) dt.09-11-2017 2/2 allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The case is triable by the Magistrate. 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 learned C.J.M., Gopalganj in connection with Complaint case No.663 of 2017, Trial No.755 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T