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Patna High CourtCR. MISC./31415/2023bail granted

Satyanarain Sahu @ Satyanarain Sah @ Satya Naryan Sahu v. The State Of Bihar

2023-06-24Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31415 of 2023 Arising Out of PS. Case No.-23 Year-2019 Thana- MAHILA P.S. District- Sitamarhi ====================================================== 1.

Satyanarain Sahu @ Satyanarain Sah @ Satya Naryan Sahu son of Sundar Sahu 2.

Chano Devi wife of Satyanarain Sahu @ Satyanarain Sah @ Satya Narayan Sahu, both residents of Village- Dilawarpur Ps- Bahadurpur Dist- Darbhanga ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Soni Kumari wife of Shanti Bhushan Prasad Village- Dilawarpur PsBahadurpur Dist- Darbhanga at present- Mohammadpur Ps- Baaspard DistSitamarhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Madhav Raj, Advocate For the State :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-06-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 498A, 504 and 506/34 of the Indian Penal Code.

Allegation against the accused persons including the petitioners is of committing torture upon the victim due to nonfulfilment 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

Patna High Court CR. MISC. No.31415 of 2023(2) dt.24-06-2023 2/3 petitioners. The petitioners have falsely been implicated in the present case. The case is triable by the Magistrate. Petitioner No.1 is father-in-law and petitioner No.2 is mother-in-law of the informant. 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) with two sureties of the like amount each to the satisfaction of learned Court below/concerned Court in connection with Sitamarhi Mahila P.S. case No.23 of 2019, 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.

Patna High Court CR. MISC. No.31415 of 2023(2) dt.24-06-2023 3/3 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. In case, any such application is made by either of the parties, the court below shall refer the matter to the District Mediation Centre. (Sudhir Singh, J) Narendra/- U T