Laliya Devi And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62343 of 2017 Arising Out of PS.Case No. -323 Year- 2011 Thana -SAMASTIPUR COMPLAINT CASE DistrictSAMASTIPUR ======================================================

1. Laliya Devi, Wife of Late Jiwachha Safi,

2. Dinesh Safi, Son of Late Jiwachha Sari, Both resident of Village- Bari (Dhobi Tola), P.S.- Sinhiya, District- Samastipur (Bihar). .... .... Petitioners

Versus

1. The State of Bihar.

2. Veena Devi, Daughter of Bhikhan Rajak, resident of Village- Batha, P.S.- Rosera, District- Samastipur (Bihar).

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Vinay Kumar Mishra, Advocate. For the State : Mr. Jai Narain Thakur, A.P.P. For the O.P. No. 2 : M/S. Ranjeet Kumar and Kundan Kumar, Advocates.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-02-2018 It seems that earlier vide order dated 21.12.2017, the petitioner no. 1, namely, Laliya Devi, has already been granted anticipatory bail by another co-ordinate Bench of this Court. Heard learned counsel for the petitioner no. 2, learned A.P.P. for the State and learned counsel for the opposite party no. 2.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 323, 494 and 498(A) of the IPC.

The prosecution story, in brief, is that the accused

Patna High Court Cr.Misc. No.62343 of 2017 (3) dt.06-02-2018 2/3 persons including the petitioner tortured the victim due to nonfulfillment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case due to petty family dispute. There is no allegation of tampering with the witnesses alleged against the petitioner. The case is triable by the Magistrate. The petitioner has 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 counsels for the State and opposite party no. 2, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioner no. 2 Dinesh Safi, 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) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Rosera, Samastipur, in connection with Complaint Case No. 323 of 2011 (Tr. No. 2029 of 2013), subject to the conditions as laid down under Section 438(2) of the Code of Criminal

Patna High Court Cr.Misc. No.62343 of 2017 (3) dt.06-02-2018 3/3 Procedure.

U.K./- (Sudhir Singh, J) U T