Patna High CourtCR. MISC./4293/2014rejected

Raj Narayan Sahni v. The State Of Bihar

2015-01-15Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4293 of 2014 Arising Out of PS.Case No. -433 Year- 2011 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ======================================================

1. Raj Narayan Sahni S/O Rajdeo Sahni R/O Village- Mathurapur, P.SKurhani, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amit Kumar Rakesh For the Opposite Party/s : Mr. Vinod Shankar Modi (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-01-2015 Heard the parties.

This is an application for anticipatory bail for the offence punishable under sections 498 (A) of the I.P.C and section 3⁄4 of D.P.Act.

The complainant Rani Devi was married with the petitioner in which ornaments, cash and other gifts were given in dowry. After some time her husband and mother-in-law started demanding motorcycle and dowry and due to non fulfillment of the said demand she was tortured in various ways. An attempt was also made to kill her by burning but due to assemblance of local persons she was saved and finally she was ousted from the matrimonial house after snatching all her belongings.

Patna High Court Cr.Misc. No.4293 of 2014 (6) dt.15-01-2015 2/2 Submission is that the entire allegation is false and concocted. The petitioner is ready to keep the complainant with honour and dignity. Neither he nor his parents demanded dowry but inspite of notice she is not appearing. Before the learned court below also she did not appear and her uncle has stated that she has been married and is living at her Sasural.

As the petitioner is the husband having allegation of demand of dowry and as such this Court is not persuaded to grant privilege of pre-arrest bail to the petitioner. Accordingly, such prayer of the petitioner is rejected in connection with Complaint Case No. 433 of 2011 pending in the court of S.D.J.M. Vaishali at Hajipur.

However, in case if so advised the petitioner surrenders and seeks regular bail then his prayer for regular bail shall be considered on the same day on its own merits without being prejudiced by the order of this Court.

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