Shaligram Sah Laheri @ Shaligram Sah And ANR. v. The State Of Bihar

Patna High Court Cr.Misc. No.30723 of 2014 (2) dt.27-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30723 of 2014 Arising Out of PS.Case No. -791 Year- 2013 Thana -MUNGER COMPLAINT CASE DistrictMUNGER ======================================================

1. shaligram Sah Laheri @ Shaligram Sah Son of Late Shyam Sah Laheri

2. Usha Devi Wife of Sri Shaligram Sah Laheri Both resident of Navgachhia, Noniatala Bhagat Road, P.S. Navgachia, Dist.-Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dheeraj Kumar For the Opposite Party/s : Mr. Madan Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-01-2015 Heard learned counsel for the petitioners and learned counsel representing the complainant.

Petitioners apprehend their arrest in connection with Complaint Case No. 791 C of 2013 in which cognizance has been taken under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

The complainant was married with the son of the petitioners and thereafter she stayed in the matrimonial house for nine days. After one month she was again brought o matrimonial house where the husband started misbehaving and the petitioners also tortured and abused her and they tried to set her on fire by sprinkling kerosene oil and lastly she was ousted from her

Patna High Court Cr.Misc. No.30723 of 2014 (2) dt.27-01-2015 matrimonial house.

Submission is of false implication, further that the petitioners are father-in-law and mother-in-law and the husband has already filed a petition under section 9 of the Hindu Marriage Act for restitution of conjugal right vide Matrimonial Case No. 276 of 2013 but the complainant filed this case only with a view to harass the petitioners. The petitioners have no concern with the affairs of the complainant and her husband to which the learned counsel for the complainant opposes.

Considering the fact that the petitioners are father-inlaw and mother-in-law and they are claiming that they are living separately having no concern with the complainant and her husband, the petitioners above named, in case of their surrender or arrest within two months from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M.. Munger in connection with Complaint Case No. 791 ( C ) of 2013, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T