Allowed

Gopal Singh and Anr. v. State Of Bihar and Anr.

Patna HC21 Mar 2018CR. MISC./16241/2018

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition, the Patna High Court granted anticipatory bail to two petitioners facing charges of dowry torture under the IPC and Dowry Prohibition Act, directing them to surrender within six weeks and furnish bail bonds with sureties.

What did the court decide?

Petitioners released on anticipatory bail upon surrender within six weeks, furnishing bonds of Rs.10,000 with sureties.

Gopal Singh and Anr. Vs State Of Bihar and Anr. — Dowry and Cruelty | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.16241 of 2018

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Arising Out of PS.Case No. -44 Year- 2017 Thana -MAHILA P.S. District- BHABHUA (KAIMUR)

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======================================================

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Gopal Singh, S/O Late Jiut Singh.

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Madhuri Devi, W/O Gopal Singh, R/V- Sion, P.S. Bhabua, DistrictKaimur (Bhabua).

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.... .... Petitioners

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Versus

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The State of Bihar.

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Nilu Kumari, W/O Krishan Kumar Patel, R/V- Sion, P.S. Bhabua, District- Kaimur, at present-Bhabua, Ward No. 6, C/O (Bina Paras Rice Mills), P.S. Bhabua, District-Kaimur.

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.... .... Opposite Parties

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====================================================== Appearance :

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For the Petitioners : Mr. Viveka Nand Singh, Advocate. For the State : Mr. Suresh Prasad Singh, A.P.P.

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======================================================

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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2 21-03-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.

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The petitioners are apprehending their arrest in a case for the offence registered under Sections 341, 323, 498(A), 506, 120(B)/34 of the IPC and 3/ 4 of the D.P. Act.

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The prosecution story, in brief, is that the accused persons including the petitioners tortured the victim due to nonfulfilment of demand of dowry.

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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

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Patna High Court Cr.Misc. No.16241 of 2018 (2) dt.21-03-2018

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2/2

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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.

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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.

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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., Kaimur at Bhabua, in connection with Mahila Bhabua P.S. Case No. 44 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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U.K./U T

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(Sudhir Singh, J)

Gopal Singh and Anr. v. State Of Bihar and Anr.

Case brief

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Gopal Singh and Anr. v. State Of Bihar and Anr.

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