Akashi Devi And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62844 of 2017 Arising Out of PS.Case No. -402 Year- 2013 Thana -BEGUSARAI COMPLAINT CASE DistrictBEGUSARAI ======================================================

1. Akashi Devi, W/o Late Sitaram Jha,

2. Ramvinay Jha S/o Late Sitaram Jha, Both are R/o Chihai, P.S.- Teghra, District- Begusarai.

.... .... Petitioners

Versus

1. The State of Bihar.

2. Smt. Anita Devi W/o Sri Vijay Kumar, R/o Chilhai, P.S.- Teghra , District- Begusarai. present Add.- D/o Sri Prabhunath Jha, R/o Ghataho, P.S.- Ghataho, District- Samastipur.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Dinesh Maharaj For the Opposite Party/s : Mr. N.N. Tiwari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-01-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in a case instituted under Sections 498A, 323, 417, 465, 468/34 of the Indian Penal Code.

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

Patna High Court Cr.Misc. No.62844 of 2017 (2) dt.04-01-2018 2/2 petitioners. The petitioners have falsely been implicated in the present case. The case is triable by the Magistrate. The petitioner no.1 is mother-in-law of the victim and the petitioner no.2 is brother-in-law of the victim. They are separate in mess and property from the husband of the victim. 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 petitioner is named in the Complaint case.

Considering the aforesaid facts and circumstances, let the petitioner 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 Complaint Case No.402c of 2013 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Teghra, Begusarai, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T