Vikash Kumar And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53413 of 2017 Arising Out of PS. Case No.-347 Year-2017 Thana- FATUHA District- Patna ======================================================

1. Vikash Kumar

2. Santosh Kumar both Sons of Rajkumar Gupta resident of Mohalla - Mirchiya Tola, Tulsi Mandi, P.O. + P.S. - Alamganj, District - Patna.

3. Rajkumar @ Raju Kumar Gupta @ Raju Son of Late Ganga Sah R/o Mohalla - Mirchiya Tola, Tulsi Mandi, P.O. + P.S. - Alamganj, District - Patna - 800007.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Khusi Raj W/o Pratik Kumar, D/o Doman Prasad Gupta Resident of Samaspur, P.S. Fatuah, District - Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Ranjan, Advocate For the State :

Mr. Ganesh Prasad 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, 341, 323, 504 and 307/34 of the Indian Penal Code.

Allegation against the petitioners is of committing torture and assault upon the victim due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that 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.53413 of 2017(2) dt.09-11-2017 2/2 present case. The petitioner Nos.1 and 2 are brothers-in-law of the victim and petitioner No.3 is the father-in-law 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 F.I.R.

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 A.C.J.M., Patna City in connection with Fatuha P.S. case No.347 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T