Sidheshwar Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25330 of 2018 Arising Out of PS.Case No. -34 Year- 2017 Thana -MAHILA P.S. District- PATNA ======================================================

1. Sidheshwar Singh, S/o- Bhag Singh, R/o- Uttari Mandir, Bapu Nagar, P.S. Budha Colony, District- Patna.

2. Beena Devi, W/o Sideshwar Singh,

3. Mukul Kumar, Son of Sideshwar Singh, All are R/o- Uttari Mandiri, Bapu Nagar, P.S. Budha Colony, District- Patna.

4. Binod Kumar, Son of Baban Prasad, R/o- Moh.- Jakkanpur, P.S. Jakkanpur, District- Patna.

5. Ram Sevak Thakur @ Ram Pravesh, S/o Late Ram Sakal Thakur, resident of Village+ P.O.- Purushottam, P.S. Maniyari, DistrictMuzaffarpur. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Sadanand Paswan, Advocate. For the Opposite Party : Mr. Kanhaiya Kishore, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-04-2018 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), 494, 420/34 of the I.P.C. and 3⁄4 of the D.P. Act.

The prosecution story, in brief, is that the accused persons including the petitioners tortured the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the

Patna High Court Cr.Misc. No.25330 of 2018 (2) dt.25-04-2018 2/3 petitioners that the petitioners have falsely been implicated in the present case due to petty family dispute. There is no allegation of tampering with the witnesses alleged against the petitioners. The victim and her family members had filed a case for similar offence. After investigation, the police submitted final form in the said case. The petitioners are in-laws of the victim. They are separate in mess and property from the husband of the victim. 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 C.J.M., Patna, in connection with Patna Mahila P.S. Case No. 34/2017, subject to the conditions as laid down under Section 438(2) of the Code of

Patna High Court Cr.Misc. No.25330 of 2018 (2) dt.25-04-2018 3/3 Criminal Procedure.

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