Pinki Devi And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39621 of 2018 Arising Out of PS. Case No.-1441 Year-2016 Thana- COMPLAINT CASE District- Jamui ======================================================

1. Pinki Devi Daughter of Sri Kailu Yadav

2. Surendra Yadav son of Sri Kailu Yadav

3. Kari Devi wife of Sri Kailu Yadav

4. Kailu Yadav son of Late Kullu Yadav, All residents of village Hathiyapather, P.S. Charkapathar, District Jamui. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Chunki Devi Wife of Sri Binod Yadav Resident of village Hathiyapather, P.S. Charkapathar, District Jamui, at present residing at village - Bariyarpur, P.S. Charkapathar, P.O. Sono, District - Jamui.

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

For the Petitioner/s :

Mr. Prakash Mahto For the Opposite Party/s :

Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-07-2018 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 3⁄4 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

Patna High Court Cr.Misc. No.39621 of 2018(2) dt.05-07-2018 2/2 petitioners. The petitioners have falsely been implicated in the 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/F.I.R. 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., Jamui in connection with Complaint case No.1441C of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T