Bijay Singh And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13850 of 2018 Arising Out of PS. Case No.-50 Year-2017 Thana- MAHILA PS District- Khagaria ======================================================

1. Bijay Singh, son of Late Sukhdeo Singh

2. Asha Devi, wife of Bijay Singh

3. Amarjeet Singh, son of Bijay Singh

4. Nitish Kumar, son of Bijay Singh

5. Prateema Kumari, D/o Bijay Singh, All Resident of VillageBaltara, P.S.- Gogari, District- Khagaria. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Soni Devi, daughter of Sujit Singh, Resident of Village- Baltara, P.S.- Gogari, District- Khagaria.

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

For the Petitioner/s :

Mr. Ranjeet Kumar Singh For the Opposite Party/s :

SMT SANGEETA SHARMA ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-03-2018 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, 341, 323 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 petitioners has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioner has falsely been implicated in the present case due to

Patna High Court Cr.Misc. No.13850 of 2018(2) dt.09-03-2018 2/2 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 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 Miss Simmi Kujur, Judicial Magistrate, 1st class, Khagaria in connection with Khagaria (Mahila) P.S. case No.50 of 2017 (G.R. No.3170 of 2017), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T