Srimati Dulari Devi And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34994 of 2018 Arising Out of PS.Case No. -132 Year- 2017 Thana -MADHEPURA COMPALINT CASE DistrictMADHEPURA ======================================================

1. Srimati Dulari Devi, W/o Chandeshwari Mandal,

2. Chandeshwari Mandal, S/o Late Harihar Mandal, Both are R/o Guruji Tola, Bhatsara, P.S.- Barhara Kothi, District- Purnia. .... .... Petitioners

Versus

1. The State of Bihar.

2. Mamta Devi, W/o Kaushal Kumar @ Sumit Kumar Mandal, D/o Ranjit Mandal, At presnet R/o Bari Fatoria, P.S.- Alamnagar, DisttMadhepura. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Saneev Kumar Singh, Advocate. For the State : Mr. Kalyan Shankar, A.P.P. 30. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-07-2018 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 and 494 of the IPC.

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 petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been

Patna High Court Cr.Misc. No.34994 of 2018 (4) dt.18-07-2018 2/2 implicated in the present case due to petty family dispute. 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 S.D.J.M. Udakishunganj at Madhepura, in connection with Complaint Case No. C.A. 132 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