Patna High CourtCR. MISC./3864/2018bail granted

Jinat Praveen And ORS v. State Of Bihar And ANR

2018-01-19Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3864 of 2018 Arising Out of PS.Case No. -85 Year- 2017 Thana -SITAMARHI COMPLAINT CASE DistrictSITAMARHI ======================================================

1. Jinat Praveen

2. Md. Imran

3. Motiur Rahman .... .... Petitioners

Versus

State of Bihar & Anr .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Uday Kumar For the Opposite Party/s : Smt. Veena Rani Prasadd. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-01-2018 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in a case instituted under Section 498A of the Indian Penal Code. The allegation against the petitioners is of committing torture upon the victim due to non-fulfillment of the 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. The case is triable by the Magistrate. The petitioners are in-laws of the victim. They are separate in mess and property

Patna High Court Cr.Misc. No.3864 of 2018 (2) dt.19-01-2018 2/2 from the husband of the victim. The petitioners have further relied upon the judgment of this court, in the case of Md. Naimul Haque Ansari Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the State, it has been submitted that the petitioners are named in the Complaint.

Considering the aforesaid facts and circumstances, let the petitioners above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of six weeks from today in connection with Complaint Case No.C1/85/2017 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., Pupri at Sitamarhi, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T