Saheb Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25261 of 2023 Arising Out of PS. Case No.-177 Year-2022 Thana- ALOULI District- Khagaria ====================================================== 1.

Saheb Sharma Son Of Late Anup Sharma R/V- Larahi, Ps- Alauli DistKhagaria 2.

Sulo Devi Wife Of Saheb Sharma R/V- Larahi, Ps- Alauli Dist- Khagaria 3.

Sanjit Sharma Son Of Saheb Sharma R/V- Larahi, Ps- Alauli Dist- Khagaria 4.

Shiro Devi Daughter Of Saheb Sharma R/V- Larahi, Ps- Alauli DistKhagaria 5.

Khushabu Devi Daughter Of Saheb Sharma R/V- Larahi, Ps- Alauli DistKhagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Singh, Advocate For the Opposite Party/s :

Mr.Ramesh Chandra, 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 Section 498A, 365 and 34 of the Indian Penal Code.

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

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no

Patna High Court CR. MISC. No.25261 of 2023(2) dt.24-06-2023 2/3 allegation of tampering of witnesses alleged against the petitioners. The petitioner No. 1 is mother-in-law, petitioner No. 2 is father-in-law, petitioner No. 3 is dever and petitioner Nos. 4 and 5 are sister-in-law (nanad), of the victim. They have falsely been implicated in the present case due to petty family dispute. The case is 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 Court below/concerned Court in connection with Alauli P.S. case No. 177/2022, G.R. No. 1058/2022, 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.

Patna High Court CR. MISC. No.25261 of 2023(2) dt.24-06-2023 3/3 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. 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) Pankaj/Nitin U T