Anita Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12402 of 2019 Arising Out of PS. Case No.-163 Year-2018 Thana- CHAUTHAM District- Khagaria ====================================================== 1.
Anita Devi, Aged about 45 years, Female, Wife of Rajniti Sahni, Resident of Village- Sonbarsa Ghat, Police Station- Chautham, District- Khagaria. 2.
Rajniti Sahni, Aged about 50 years, Male, Son of Late Narayan Sahni, Resident of Village- Sonbarsa Ghat, Police Station- Chautham, DistrictKhagaria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Viveka Nand Singh, Advocate For the State :
Mr. Binod Kumar, APP For the Informant :
Mr. Mritunjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-05-2019 Heard both sides.
Petitioners apprehend their arrest in Chautham P.S. Case No.163 of 2018, registered under Sections 498A and 34 of the Indian Penal Code as well as under Sections 3 and 4 of the Dowry Prohibition Act.
The informant, daughter-in-law of the petitioners, alleged that while she was living in her in laws house, the petitioners being father-in-law and mother-in-law subjected her to physical and mental torture and they were pressurizing her to get transferred 2 kathas of land in the name of her mother-inlaw, petitioner no.1 from her parents. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.12402 of 2019(4) dt.22-05-2019 2/3 informant solemnized love marriage with the son of the petitioners. Prior to institution of the present case, Chautham P.S. Case No.19 of 2017 was registered under Section 498A and other sections of the Indian Penal Code as well as under Sections 3 and 4 of the Dowry Prohibition Act against the petitioners and others. During the pendency of Chautham P.S. Case No.19 of 2017, the husband of the informant compromised the case and took the informant at his working place. The informant remained for sometime with the petitioners but only to put pressure so that the son of the informant may take the informant with him at his working place, the informant lodged the case.
Even the Investigating Officer during the course of investigation reported that he could not record the further statement of the informant because the informant was not found in her house and she was living with her husband. Petitioners have no manner of concern with the family affairs of the informant and her husband. The informant lodged the case one after another only to put undue pressure on the petitioners.
Patna High Court CR. MISC. No.12402 of 2019(4) dt.22-05-2019 3/3 petitioners are not allowing the informant to live in the house in absence of her husband.
Having considered the facts and nature of allegations made against the petitioners and the fact that the informant is living with her husband, let petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of this order, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Khagaria in connection with Chautham P.S. Case No.163 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C. (Prabhat Kumar Jha, J) S.KUMAR/- U T