Biran Mahra And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57898 of 2017 Arising Out of PS.Case No. -677 Year- 2016 Thana -BHOJPUR COMPLAINT CASE DistrictBHOJPUR ======================================================

1. Biran Mahra S/o Late Chandradeep Mahra.

2. Manju Devi, Wife of Biran Mahra. Both Resident of Katesar, P.S. Bihta, District- Patna.

.... .... Petitioners

Versus

1. The State of Bihar.

2. Chandra Devi, W/o Deepak Kumar, D/o Krishna Prasad, resident of Village- Katesar, P.S.- Bihta, District- Patna. at present resident of Sakaddi, P.S.- Koilwar, District- Bhojpur.

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

For the Petitioner/s : Mr. Sunil Kumar For the Opposite Party/s : Mr. Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-12-2017 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in a case instituted under Section 498(A) of the Indian Penal Code. The allegation against the petitioner 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 case is triable by the Magistrate. The petitioner

Patna High Court Cr.Misc. No.57898 of 2017 (2) dt.08-12-2017 2/2 no.1 is father-in-law of the victim and petitioner no.2 is mother-inlaw 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 petitioners are 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.677(C)/2016 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., Ara, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T