Lal Bihari Pandit @ Lal Bihar Pandit And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43149 of 2018 Arising Out of PS. Case No.-1357 Year-2017 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ======================================================

1. Lal Bihari Pandit @ Lal Bihar Pandit, Son of Bhola Pandit,

2. Chandrawati Devi, Wife of Lal Bihari Pandit, Both are resident of Village- Lalbegi (Kai Tola), Police Station- Kuchaikot, District- Gopalganj.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Asha Devi, Wife of Dipu Pandit, Both are resident of Village- Lalbegi (Kai Tola), Police Station- Kuchaikot, District- Gopalganj. at present Daughter of Jagdish Pandit, Resident of Village- Belwa Mathiya, P.S.- Kuchaikote, District- Gopalganj.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Irshad Ahmad Khan For the Opposite Party/s :

Mr. Sri Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 498A, 406 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act in which cognizance has been taken under section 498A IPC.

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 the petitioners have got no criminal antecedent. There is no

Patna High Court Cr.Misc. No.43149 of 2018(2) dt.18-07-2018 2/2 allegation of tampering of witnesses alleged against the petitioners. The petitioners are in-laws. They have falsely been implicated in the present case due to petty family dispute. 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 A.C.J.M. VII, Gopalganj in connection with Complaint Case No. 1357 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T