Radhey Shyam Tripathi @ Radheshyam Tiwari And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.693 of 2018 Arising Out of PS. Case No.-273 Year-2017 Thana- CHAINPUR District- Bhabhua (Kaimur) ======================================================
1. Radhey Shyam Tripathi @ Radheshyam Tiwari son of late Ram Briksh Tripathi
2. Bimala Devi @ Vimala Devi wife of Radhe Shyam Tripathi @ Radhesyam Tiwari
3. Indiribala Devi @ Indra bala Tripathi wife of Vidyapati Tripathi
4. Kiran Devi wife of Kailash Pati Tripathi
5. Sheo Lata Devi wife of Kaushal Pati Tripathi, all resident of village Chainpur, P.S. Chainpur, District Kaimur ... ... Petitioner/s
Versus
1. The State Of Bihar
2. Sudha Devi wife of Kamala pati Tripathi @ Sonu Tripathi, village Chainpur, P.S. Chainpur, District Kaimur, at present village Ajagari, P.S. Kudra, District Kaimur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Arabind Nath Pandey, Advocate For the State :
Mr. RAM BILASH ROY RAMAN, APP For opposite party No.2 :
Mr. Rajesh Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-01-2018 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the opposite party No.2. The petitioners are apprehending their arrest in a case registered under Sections 364, 498A, 379, 504/34 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 the
Patna High Court Cr.Misc. No.693 of 2018(2) dt.08-01-2018 2/3 petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The informant instituted the present case with the allegation that the petitioners have abducted her husband. The victim is none, but son of petitioners No.1 and 2. The children of victim are the grand children of petitioners No.1 and 2. The petitioners denied the allegation of property dispute between them and the victim. As per the complaint/FIR, the victim is missing since 13.06.2013, but a complaint has been filed on 20.09.2017. Delay has not been explained by the prosecution. On behalf of the State and learned counsel for the opposite party No.2, 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 Chief Judicial Magistrate, Kaimur at Bhabhua in connection with Chainpur P.S. case No.273 of 2017, subject to the conditions as laid down
Patna High Court Cr.Misc. No.693 of 2018(2) dt.08-01-2018 3/3 under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T