Vasudeo Das And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52620 of 2018 Arising Out of PS.Case No. -8 Year- 2018 Thana -MAHILA P.S. District- MADHUBANI ======================================================
1. Vasudeo Das, Son of late Darbari Das.
2. Kasum Kala Devi@ Kushma Kali Devi, Wife of Vasudeo Das. Both Resident of Village: Andhari,P.S. Benipatti, District: Madhubani. .... .... Petitioners
Versus
1. The State of Bihar.
2. Shoni Kumari, Wife of Subir Das and Daughter of Tulsi Das, Resident of Village:Dih Tole Navtoliya, P.S. Pandaul, District: Madhubani. .... .... Opposite Parties ====================================================== Appearance :
For the Petitioners : Mr. Subhash Kumar Jha, Advocate. For the State : Mr. Satya Nand Shukla, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-09-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners are apprehending their arrest in a case for the offence registered under Sections 341, 323, 498(A), 379/34 of the IPC and 3⁄4 of the D. P. Act.
The prosecution story, in brief, is that the accused persons including the petitioners tortured the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case due to petty family dispute. The
Patna High Court Cr.Misc. No.52620 of 2018 (2) dt.04-09-2018 2/2 petitioners are in-laws of the victim. They are separate in mess and property from the husband of the victim. The case is triable by the Magistrate. The petitioners have further 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 learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R/ complaint case.
Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or 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 the learned S.D.J.M. Madhubani, in connection with Mahila P.S. Case No. 08 of 2018, corresponding to C.R.I. Case No. 88 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T