Malti Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60866 of 2017 Arising Out of PS.Case No. -164 Year- 2015 Thana -JHAJHA District- JAMUI ======================================================

1. Malti Devi

2. Ranjit Raut @ Ranjit Mandal

3. Sangita Devi

4. Tanik Mandal @ Tanik Raut .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Soni Shrivastava For the Opposite Party/s : Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-01-2018 Heard learned counsel for the petitioners and learned counsel appearing for the State.

The petitioners are apprehending their arrest in a case instituted under Sections 364, 129(B), 504(B), 511/498A of the Indian Penal Code and 3/4 of 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 present case. The petitioners are in-laws of the victim. They are separate in mess and property from the husband of the victim. The

Patna High Court Cr.Misc. No.60866 of 2017 (3) dt.16-01-2018 2/2 number of witnesses have been examined in course of investigation, whose statements are para-9 and 10 of the case diary, where they have stated that the victim had left her in-law's place on her own. The said witnesses are the neighbours, who reside by the side of the house, where the victim used to reside. 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/Complaint. Considering the aforesaid facts and circumstances, let the petitioners above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of six weeks from today in connection with Jhajha P.S. Case No.164/2015, arising out of Complaint Case No.1050C/2015, on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of S.D.J.M., Jamui, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Amit/- U T