Gautam Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65464 of 2019 Arising Out of PS. Case No.-50 Year-2019 Thana- MAHILA PS District- Jehanabad ====================================================== 1.
GAUTAM THAKUR Son of Navlesh Thakur @ Noulesh Thakur Resident of Village-Hadail, Police Station-Makhdumpur (Bishunganj O.P.), DistrictJehanabad. 2.
Navlesh Thakur @ Noulesh Thakur Son of Late Arjun Thakur Resident of Village-Hadail, Police Station-Makhdumpur (Bishunganj O.P.), DistrictJehanabad. 3.
Renu Devi Wife of Navlesh Thakur @ Noulesh Thakur Resident of VillageHadail, Police Station-Makhdumpur (Bishunganj O.P.), District-Jehanabad. 4.
Sweety Kumari Daughter of Navlesh Thakur @ Noulesh Thakur Resident of Village-Hadail, Police Station-Makhdumpur (Bishunganj O.P.), DistrictJehanabad. 5.
Dharmendra Thakur Son of Sahdeo Thakur Resident of Village-Hadail, Police Station-Makhdumpur (Bishunganj O.P.), District-Jehanabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gajendra Kumar Singh For the Opposite Party/s :
Mr.Lalan Kumar, APP For O.P. No. 2 :
None ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-09-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode. None appears on behalf of O.P. No. 2.
The petitioners are apprehending their arrest in a case registered under Section 498A of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.
Allegation against the petitioners is of committing torture upon the victim due to non-fulfilment of demand of
Patna High Court CR. MISC. No.65464 of 2019(4) dt.13-09-2021 2/3 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 petitioners have falsely been implicated in the present case due to petty family dispute. The petitioner No. 1 is brother-in-law, petitioner No. 2 is father-in-law, petitioner No. 3 is mother-in-law, petitioner No. 4 is sister-in-law and petitioner No. 5 is cousin brother-in-law, 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, the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Jehanabad Mahila P.S. Case No. 50 of 2019, subject to the conditions as laid down under Section
Patna High Court CR. MISC. No.65464 of 2019(4) dt.13-09-2021 3/3 438(2) of the Code of Criminal Procedure.
Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.
(Sudhir Singh, J) Pankaj/- U T