Satya Narayan Sahu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34359 of 2023 Arising Out of PS. Case No.-311 Year-2021 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== 1.

Satya Narayan Sahu Son of Late Bihar Sahu 2.

Veena Devi Wife of Satya Narayan Sahu, both are resident of village - Jhagrua, ward no. 6, P.S. - Jamalpur, Distt. - Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Shivangi Kumari D/o Late Kameshwar Prasad, W/o Santosh Sahu Resident of village - Madhepur, P.S. - Madhepur, Distt. - Madhubani. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr.Jitendra Kumar Bharti, Advocate For the State :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-07-2023 Heard learned counsel for the petitioners and learned APP for the State.

Counsel for the petitioners is permitted to make necessary correction in the cause title of the petition in course of the day.

The petitioners are apprehending their arrest in a case registered under Sections 498A, 323, 341, 384 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act, but cognizance has been taken under Section 498A of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioners is of committing torture

Patna High Court CR. MISC. No.34359 of 2023(2) dt.07-07-2023 2/3 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 allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The petitioner No.1 is father-in-law and petitioner No.2 is mother-in-law of the victim. 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) with two sureties of the like amount each to the satisfaction of learned Court below/concerned Court in connection with C.R. case No.311 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.34359 of 2023(2) dt.07-07-2023 3/3 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. 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/Vikash U T