Kiran Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71648 of 2018 Arising Out of PS. Case No.-297 Year-2018 Thana- DEEPNAGAR District- Nalanda ======================================================

1. Kiran Devi, Wife of Arjun Yadav,

2. Bauli Kumari @ Babli Kumari @ Sushma Kumari, Both resident of Village- Dhahachak, P.S.- Deepnagar, DistrictNalanda. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sanjay Prasad For the State :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-12-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 307, 498A, 323, 341, 504, 506 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-fulfillment 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 present case due to petty family dispute. There is no medical examination report in support of the offence u/S 307 of the IPC.

Patna High Court Cr.Misc. No.71648 of 2018(2) dt.12-12-2018 2/2 Rest of the offences are 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) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Bihar Sharif in connection with Deepnagar P.S. Case No. 297 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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