Babu Ram Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64844 of 2021 Arising Out of PS. Case No.-27 Year-2020 Thana- MAHILA P.S. District- Sheohar ====================================================== 1.

BABU RAM SAHNI S/o Late Kamal Sahni R/o Village- Salempur, P.S.- Tariyani, District- Sheohar.

2.

Kanti Devi @ Yashoda Devi W/o Babu Ram Sahni Resident of VillageSalempur, P.S.- Tariyani, District- Sheohar. 3.

Santosh Sahni Son of Babu Ram Sahni Resident of Village-Salempur, P.S.- Tariyani, District- Sheohar.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Vinita Devi W/o Mantosh Sahni Resident of Village- Mankarwa, P.S.- Phenhara, District- Motihari.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-11-2021 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 323, 341, 504, 406, 494, 498A of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act. Allegation against the petitioners is of committing torture upon the victim due to non-fulfilment of demand of

Patna High Court CR. MISC. No.64844 of 2021(2) dt.29-11-2021 2/3 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 due to petty family dispute. The petitioner no. 1 is father-in-law, petitioner no. 2 is mother-in-law and petitioner no. 3 is brother-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 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 learned S.D.J.M., Sheohar in connection with Mahila P.S. Case No. 27 of 2020, subject to the conditions as laid down under Section 438(2) of

Patna High Court CR. MISC. No.64844 of 2021(2) dt.29-11-2021 3/3 the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T