← Library
Patna High CourtCR. MISC./58875/2022allowed

Shivnath Prasad @ Shivnath Sah v. The State Of Bihar

2023-02-06Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58875 of 2022 Arising Out of PS. Case No.-37 Year-2022 Thana- MAHILA PS District- Darbhanga ====================================================== 1.

Shivnath Prasad @ Shivnath Sah Son Of Dasharath Sahu R/O VillageDhobagawan (Dhobgama), P.S.- Keoti, District- Darbhanga 2.

Sunita Devi Wife Of Shivnath Sahu @ Shivnath Sah R/O VillageDhobagawan (Dhobgama), P.S.- Keoti, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Jha, Advocate For the Opposite Party/s :

Mr.Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 06-02-2023 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending arrest in connection with Laheriasarai Mahila P.S. Case No. 37 of 2022 under sections 498(A), 323, 504, 379/34 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act.

The petitioners herein are mother-in-law and fatherin-law and the allegation against them by the informant is that she married their son in 2020 but was regularly tortured for dowry and in May, 2022, she was ousted from home after snatching her belongings as also gold ornaments. Learned counsel for the petitioners submits that they

Patna High Court CR. MISC. No.58875 of 2022(2) dt.06-02-2023 2/2 lived separately, have no role to play in the matter, it is the dispute between husband and wife and they will settle their matter on their own and they are ready to abide by terms and conditions.

The learned APP opposes the prayer.

Taking into account the aforesaid fact that they are mother-in-law and father-in-law, do not have criminal antecedents and will be cooperating in the investigation and facing the trial, this Court is inclined to grant them the privilege of anticipatory bail.

Let the petitioners be released on bail, in the event of their arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned S.D.J.M., Darbhanga, in connection with Laheriasarai Mahila P.S. Case No. 37 of 2022 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Rajiv Roy, J) Ravi/- U T