Ramswaroop Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85407 of 2023 Arising Out of PS. Case No.-206 Year-2019 Thana- COMPLAINT CASE District- Sheohar ====================================================== 1.
Ramswaroop Sahni S/O DHANAI SAHNI RESIDENT OF VILLAGEFATAHPUR, P.S.-SHEOHAR, DISTRICT- SHEOHAR 2.
SUMITRA DEVI WIFE OF RAMSWAROOP SAHNI RESIDENT OF VILLAGE- FATAHPUR, P.S.-SHEOHAR, DISTRICT- SHEOHAR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Devendra Kumar, Advocate For the Opposite Party/s :
Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-01-2024 Heard learned Counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in connection with Complaint P.S. Case No. C1-206/2019 for the offence registered under section 498(A) of the Indian Penal Code lodged on 22.08.2019 by the complainant, Sangita Devi.
3. The petitioners are mother-in-law and father-in-law in the case in which allegation has been made that after the marriage, she was tortured for dowry and finally ousted from the house.
4. Learned Counsel for the petitioners submit that a Matrimonial Case No. 18 of 2022 was filed for decree of
Patna High Court CR. MISC. No.85407 of 2023(2) dt.29-01-2024 2/3 divorce which was allowed vide an order dated 12.01.2023.
5. Mr. Bharat Bhushan, learned APP for the State, on the other hand submits that though the case is that notice was issued to the lady, nothing is on record to show that a newspaper publication was made. He further submits that there is allegation of torture for dowry and the lady was ousted from the house.
6. Learned Counsel for the petitioners submit that taking into account the outcome of the Matrimonial Case, the husband Ashok Sahni has been granted anticipatory bail in Cr. Misc. No. 86197 of 2023 on 18.01.2024.
7. Let the order be kept on record.
8. Taking into account the fact that the petitioners are mother-in-law and father-in-law, the husband has been granted anticipatory bail, the petitioners will be co-operating in the investigation/trial, this Court is inclined to extend them privilege of anticipatory bail.
9. Let the petitioners in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheohar in connection with Complaint Case No. C1-
Patna High Court CR. MISC. No.85407 of 2023(2) dt.29-01-2024 3/3 206/2019 subject to condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family member of the petitioners, who shall provide official document to show their bona fide;
(ii) the petitioners shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial court itself;
(iii) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of their bail bonds;
(iv) the petitioners shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of their bail bonds;
10. With the aforesaid observations, the anticipatory bail application stands allowed.
(Rajiv Roy, J) Neha/- U T