Arbind Yadav And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49810 of 2018 Arising Out of PS. Case No.-22 Year-2018 Thana- MAHILA P.S. District- Banka ======================================================

1. Arbind Yadav, S/o Ras Yadav,

2. Rita Devi, Wife of Arbind Yadav, Both resident of VillageHirmoti, P.O.- Kakwara, Police Station- Banka, District- Banka. ... ... Petitioner/s

Versus

State Of Bihar & Anr ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Mukherjee For the Opposite Party/s :

Mr. Sri Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-08-2018 Counsel for the petitioners seeks permission to withdraw the application in so far as petitioner no. 1 is concerned. Permission is accorded.

The application is dismissed as withdrawn with respect to petitioner no. 1.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner no. 2 is apprehending her arrest in a case registered under Sections 498A/34 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 petitioner that the petitioner no. 2 has got no criminal antecedent. There is no allegation

Patna High Court Cr.Misc. No.49810 of 2018(2) dt.16-08-2018 2/2 of tampering of witnesses alleged against the petitioner no. 2. The petitioner no. 2 is in-law of the victim. She has falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The petitioner has 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 petitioner no. 2 is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner no. 2, 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., Banka in connection with Banka Mahila P.S. Case No. 22/18, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T