Shanti Devi And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2414 of 2018 Arising Out of PS.Case No. -535 Year- 2017 Thana -BHABHU(KAIMUR) COMPLAIN C DistrictBHABHUA (KAIMUR) ======================================================

1. Shanti Devi, wife of Sheo Murat Kharwar,

2. Sunil Kumar, son of Sheo Murat Kharwar, Both resident of VillageBiddi, P.S.- Chainpur, District- Kaimur at Bhabua. .... .... Petitioners

Versus

1. The State of Bihar.

2. Mamta Devi, wife of Sunil Kumar, Both resident of Village- Biddi, P.S.- Chainpur, District- Kaimur at Bhabua. At Present Address:- resident of Village- Narsingpur, P.S.- Chainpur, District- Kaimur at Bhabua.

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

For the Petitioners : Mr. Parwej Khan, Advocate. For the State : Smt. Sahin Begam, 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 Section 498(A) of the IPC. 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.2414 of 2018 (2) dt.17-01-2018 2/2 against the petitioners. The petitioners are mother-in-law and husband of the victim respectively. 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 A.C.J.M.-IInd, Kaimur at Bhabua, in connection with Complaint Case No. 535 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