Dukha Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72927 of 2019 Arising Out of PS. Case No.-49 Year-2019 Thana- MAHILA PS District- East Champaran ====================================================== 1.

DUKHA SAH, aged about 52 years, Male, Son of Late Ramavatar Sah @ Late Abtar Sah, 2.

Anita Devi, aged about 50 years, W/O Dukha Sah, Both Residents of Village - Kathariya, P.S.- Kesariya, Distt.- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma, Adv.

For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-11-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 504, 406, 354B, 307, 34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioners are of committing torture upon the victim due to non-fulfillment of demand of dowry.

Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence and have falsely been implicated in this case due to family feud with a view to extort and blackmail them. Petitioners are father-in-

Patna High Court CR. MISC. No.72927 of 2019(2) dt.21-11-2019 2/2 law and mother-in-law of the informant. Petitioner no.1 is an old retired man he was employed at Guwahati Municipal Corporation and till now he is residing at Guwahati for his retirement and petitioner no. 2 is his wife of petitioner no.1. There is no specific allegation against the petitioners. There is specific allegation against the husband of the informant. The petitioners have no criminal antecedent.

In the aforesaid facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 3rd Additional Chief Judicial Magistrate, East Champaran at Motihari, in connection with Mahila P.S. Case No. 49 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) amitkumar/- U T