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Patna High CourtCR. MISC./6896/2020allowed

Sharda Devi v. The State Of Bihar

2020-02-28Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 6896 of 2020 Arising Out of PS. Case No.-2134 Year-2017 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== 1.

Sharda Devi W/o Suraj Singh 2.

Suraj Singh S/o Jokhu Singh 3.

Sanjay Kumar @ Sanjay Singh S/o Suraj Singh All resident of village- Sripur Gopalpur, Ward No. 3, P.S.- Sugauli, DistrictEast Champaran ... ... Petitioners

Versus

1.

The State of Bihar 2.

Sabita Devi, W/o Jaiprakash Singh, D/o Surenda Mahto R/o villagePatkhauliya, P.O.- Jagarnathpur, P.S.- Gopalpur, District- West Champaran ... ... Opposite Parties ====================================================== Appearance :

For the Petitioners :

Mr.Sanjeev Kumar, Advocate For the State :

Mr.Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-02-2020 Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing on behalf of the State. The petitioners are apprehending arrest in connection with Complaint Case No. 2134-C of 2017 for offences under Section 498A/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner no. 1 and 2 are mother-in-law and father-in-law of opposite party no.2 respectively whereas petitioner no.3 is brother-in-law of opposite party no.2. He submits that the petitioners have no criminal antecedents. He further submits that the marriage took place in 2008. The allegation against the petitioners, as per complaint, is that they tortured the opposite party no. 2 for the alleged non-

Patna High Court CR. MISC. No. 6896 of 2020(2) dt.28-02-2020 2/2 fulfillment of dowry demand.

Learned counsel appearing on behalf of the opposite party no. 2 submits that the matter may be referred to the Mediation Centre.

Considering the fact that the marriage took place way back in 2008 and the complaint has been filed in 2017, this Court is inclined to grant bail to the petitioners. Let petitioners, above-named, in the event of arrest or surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran in connection with Complaint Case No.2134-C of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

After release of the petitioners, the court below shall refer the matter to the District Medication Centre so that the dispute between the opposite party no. 2 and her in-laws may be amicably settled.

(Anil Kumar Upadhyay, J) BT/- U T