Sitaram Rishideo And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7041 of 2018 Arising Out of PS. Case No.-83 Year-2017 Thana- MAHILA P.S. District- Madhepura ======================================================

1. Sitaram Rishideo, Son of Dhodhai Rishideo,

2. Siya Devi, Wife of Dhodhai Rishideo,

3. Pramila Devi, Wife of Sitaram Rishideo,

4. Jairam Rishideo, Son of Dhodhai Rishideo,

5. Lalita devi, Wife of Jai Ram Rishideo, All Resident of VillageKamalpur, P.S.-Gwalpara, District-Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra kumar Singh For the Opposite Party/s :

Mr. SMT. MADHURI LATA ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-02-2018 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, 494, 323, 504, 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-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 allegation of tampering of witnesses alleged against the petitioners. The petitioners are in-laws. They are separate in

Patna High Court Cr.Misc. No.7041 of 2018(2) dt.05-02-2018 2/2 mess and property from the husband of the victim. 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 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 S.D.J.M., Madhepura, in connection with Mahila (Madhepura) P.s. Case No. 83 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