Prem Nath Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28921 of 2024 Arising Out of PS. Case No.-1087 Year-2023 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== 1.

Prem Nath Sahni Son of Late Vishun Dayal Sahni @ Vishnudev Sahni Resident of Village- Charkoriya, P.S.- Kudhani (Turki O.P.), DistrictMuzaffarpur 2.

Indra Devid @ Indrasan Devi Wife of Prem Nath Sahni Resident of VillageCharkoriya, P.S.- Kudhani (Turki O.P.), District- Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Savita Kumari Wife of Golu Kumar, D/o Lalindra Sahni A/P residing at Village- Madanpur, P.S.- Chakmehsi, District- Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr. Ganesh Prasad Singh, Advocate For the State :

Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-08-2024 Heard learned counsels for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 498A, 323 and 379 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

3. As per complaint case, allegation against these petitioners is of matrimonial cruelty and demand of dowry.

4. It is submitted by learned counsel for the petitioners that Petitioner No. 1 is father in law and Petitioner No. 2 is mother-in-law of the complainant. Petitioners are victim of over

Patna High Court CR. MISC. No.28921 of 2024(4) dt.29-08-2024 2/2 implication. There is no specific allegation of demand of dowry or torture. They are separate in mess & property and have got no concern with the affairs of the complainant and her husband. Thrust of accusation is against husband of the complainant. Petitioners claim clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.

6. Considering the aforesaid facts and circumstances, the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioners 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 learned Sub Divisional Judicial Magistrate, Samastipur, in connection with Complaint Case No. 1087 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashank/- U T