Patna High CourtCR. MISC./72001/2018bail granted

Pratima Devi And ORS v. State Of Bihar And ANR

2018-12-04Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72001 of 2018 Arising Out of PS. Case No.-224 Year-2018 Thana- SALIMPUR District- Patna ======================================================

1. Pratima Devi wife of Late Narendra Prasad Singh

2. Om Prakash

3. Chandra Prakash Both Sons of Late Narendra Prasad Singh

4. Rajini Devi @ Prakash Rajani Wife of Om Prakash

5. Dharmendra Kumar Son of Ram Naresh Singh All Resident of Village-Narauli,P.S. Salimpur,Distt.-Patna ... ... Petitioner/s

Versus

1. The State of Bihar

2. Pooja Devi Wife of Late Jai Prakash All Resident of Village-Narauli,P.S. Salimpur,Distt.-Patna...Informant ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhay Kumar Thakur For the Opposite Party/s :

Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-12-2018 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, 307, 354, 379, 448, 427, 504, 506, 34 of the Indian Penal Code.

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 petty family dispute. The alleged occurrence is alleged to have taken place due to

Patna High Court Cr.Misc. No.72001 of 2018(2) dt.04-12-2018 2/2 property dispute. There is no medical examination report in support of the offence u/S 307 of the IPC. Rest of the offences are 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 Additional Chief Judicial Magistrate-III, Barh, Patna in connection with Salimpur P.S. Case No. 224 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