Jai Kumar Chaurasia And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2378 of 2018 Arising Out of PS.Case No. -1300 Year- 2016 Thana -SITAMARHI COMPLAINT CASE DistrictSITAMARHI ======================================================

1. Jai Kumar Chaurasia, Son of Rajendra Chaurasia.

2. Rajendra Chaurasia, Son of Devi Chaurasia.

3. Mania Devi, wife of Rajendra Chaurasia, All resident of Village- Sirsiya Bazar, P.S.- Bela, District- Sitamarhi....................... .... Petitioners

Versus

1. The State of Bihar.

2. Gita Devi, Wife of Jai Kumar Chaurasia, D/o- Late Badari Bhagat, resident of Village- Sirsiya Bazar, P.S.- Bela, District- Sitamarhi, at present resident of Village- Bhawdepur Got, P.S.- Riga, DistrictSitamarhi. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Alok Kumar Alok, Advocate. For the State : Mr. Nityanand, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-01-2018 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 498(A)/34 of the IPC and 4 of the D.P. Act.

The prosecution story, in brief, is that the accused persons including the petitioners tortured the victim due to nonfulfillment 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

Patna High Court Cr.Misc. No.2378 of 2018 (2) dt.17-01-2018 2/2 against the petitioners. The petitioners are in-laws of the victim. They are separate in mess and property from the husband of the victim. The petitioners have falsely been implicated in the present case due to petty family dispute. 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. Sadar, Sitamarhi, in connection with Complaint Case No. CI-1300 of 2016, Trial No. 2667 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Sudhir Singh, J) U T