Smt. Asha Singh And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41141 of 2018 Arising Out of PS. Case No.-908 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ======================================================

1. Smt. Asha Singh aged about 53 yrs Wife of Sri Parmanand Singh

2. Parmanand Singh aged about 59 yrs Son of late Kedar Singh Both R/o Mohalla- Kharna Garh(Near Steel Gate), P.O. Sarai Dhela, P.S. Sarai Dhela, District- Dhanbad(Jharkhand). ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Rohni @ Pinki Kumari Wife of Sachin @ Aman Kashish , Daughter of Sri Sushil Kumar Resident of Village: Kathautilya Khurd, P.S. Maner, District: Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashutosh Singh For the Opposite Party/s :

Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Section 498A of the Indian Penal Code and 4 of Dowry Prohibition Act.

Allegation against the petitioners is of committing torture upon the victim due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the

Patna High Court Cr.Misc. No.41141 of 2018(2) dt.10-07-2018 2/2 present case. The case is triable by the Magistrate. The petitioners have 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 State, it is submitted that the petitioners are named in the complaint case.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/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) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Danapur, Patna in connection with Complaint case No.908(c) of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T