Anita Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65472 of 2018 Arising Out of PS.Case No. -392 Year- 2018 Thana -BEGUSARAI TOWN District- BEGUSARAI ======================================================

1. Anita Devi, Wife of Chandan Paswan, daughter of Sosindar Paswan, resident of village-Sugharan, P.S. Dandari, District-Begusarai.

2. Rubi Devi @ Ruby Devi, Wife of Rajesh Paswan,

3. Rajesh Paswan, S/o Sosindar Paswan,

4. Mukesh Kumar, son of Sosindar Paswan,

5. Vidya Devi, wife of Sosindar Paswan &

6. Sosindar Paswan, S/o Late Saryug Paswan, All residents of village Sabaura, P.S. Barauni, District Begusarai. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sandip Kumar Gautam For the Opposite Party/s : Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 323, 354(A), 494, 498A, 34 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-fulfillment of 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 petitioners have falsely been implicated in the present case due to

Patna High Court Cr.Misc. No.65472 of 2018 (2) dt.29-10-2018 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 Chief Judicial Magistrate, Begusarai in connection with Begusarai Town P.S. Case No. 392 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V./- U T