Ram Briksh Chauhan And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.68499 of 2018 Arising Out of PS. Case No.-234 Year-2010 Thana- SHEKHPURA COMPLAINT CASE District- Sheikhpura ======================================================
1. Ram Briksh Chauhan, son of Malhu Chauhan,
2. Asharfiya Devi, wife of Ram Briksh Chauhan, Both resident of village Pali, P.S.- Kawakole, District- Nawada. ... ... Petitioner/s
Versus
1. The State Of Bihar
2. Gulabi Devi, w/o- Bhushan Chauhan, r/o- village Pali, P.S.- Kauakole, District- Nawada, at present d/o- Shri Tota Chauhan, r/o- village Karki, Todalbigha, P.S.- Ariyari, District- Sheikhpura ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bipin Kumar For the Opposite Party/s :
Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-12-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Section 498A 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 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 father-in-law and motherin-law of the victim. They are separate in mess and property
Patna High Court Cr.Misc. No.68499 of 2018(3) dt.20-12-2018 2/2 from the husband of the victim. 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/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 S.D.J.M., Sheikhpura in connection with Complaint Case No. 234-C of 2010, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Pankaj/- U T