Upendra Gupta @ Upendra Sah And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42543 of 2017 Arising Out of PS.Case No. -453 Year- 2017 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================

1. Upendra Gupta @ Upendra Sah son of Late Shivnath Sah

2. Krishna Devi W/o Upendra Gupta @ Upendra Sah son of Late Shivnath Sah

3. Guddi Devi W/o Sudhakar Sah alias Sudhakar Gupta. All are residents of village-Suryapura, P.S. Mairwa, District-Siwan, Bihar, Presently residing at Village-Ushra Kabirpur, Post & P.S.-Kabirpur, DistrictSiwan, Biha r.... .... Petitioners

Versus

1. State of Bihar

2. Nitu Kumari W/o Kanhaiya Gupta, D/o Surendra Gupta, R/o villSohari, Ushra Kabirpur, P.S. Kabirpur, Dist.- Siwan. Presently, residing at C/o Surendra Gupta, Village-Rakba Uttar Tola, P.S. Bhorey, DistrictGopalganj .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Indrajeet Bhushan For the Opposite Party/s : Mr. Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-09-2017 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in connection with Complaint Case Reg. No.453/2017, Tr. No.1513/2017 for the offences instituted under Sections 498(A) 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

Patna High Court Cr.Misc. No.42543 of 2017 (2) dt.15-09-2017 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 are in-laws of the complainant. 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 petitioners are named in the Complaint case.

Considering the aforesaid facts and circumstances, let the petitioners above named be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Complaint Case Reg. No.453/2017, Tr. No.1513/2017 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.-XII, Gopalganj, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Amit/- U