Savitri Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19289 of 2022 Arising Out of PS. Case No.-377 Year-2021 Thana- TAJPUR District- Samastipur ====================================================== 1.

Savitri Devi Wife Of Sunil Sahni Resident Of Village- Araiya, P.S.- Shahpur Patori, District- Samastipur 2.

Rinku Devi Daughter Of Sunil Sahni Resident Of Village- Araiya, P.S.- Shahpur Patori, District- Samastipur 3.

Adarsh Kumar Sahni Son Of Sunil Sahni Resident Of Village- Araiya, P.S.- Shahpur Patori, District- Samastipur ... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Ranjan, Advocate For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-04-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the Office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 498A, 323, 341, 368, 364, 504 and 506 of the Indian Penal Code.

Allegation against the petitioners is of committing torture and asssault upon the victim due to non-fulfilment of demand of dowry.

Patna High Court CR. MISC. No.19289 of 2022(2) dt.28-04-2022 2/3 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 petitioner no. 1 is mother-in-law, petitioner no. 2 is sister-in-law and petitioner no. 3 is brother-in-law, of the victim. They have falsely been implicated in the present case. There is no injury report in support of the allegations in respect of physical assault. No offence under Sections 368 and 364 IPC is attracted in the present case. 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 twelve 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 A.C.J.M.- 1st, Samastipur in connection with Tajpur (Halai O.P.) P.S. Case No.

Patna High Court CR. MISC. No.19289 of 2022(2) dt.28-04-2022 3/3 377 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The petitioners are directed to co-operate during the trial. If the petitioners do not co-operate during the trial, the Court below will be at liberty to cancel the bail bonds of the petitioners.

If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

(Sudhir Singh, J) Pankaj/- U T