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2025 DAILYLAW 75756 (PAT)

Hari Narayan Sah v. The State of Bihar

CR. MISC./69620/2024 · 2025-03-22

S B P Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.69620 of 2024 Arising Out of PS. Case No.-372 Year-2018 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== 1. Hari Narayan Sah S/o Ramfal Sah R/o Village- Anaharban (Anahabon), P.S.- Laukahi, District- Madhubani 2. Jago Devi W/o Hari Narayan Sah R/o Village- Anaharban (Anahabon), P.S.- Laukahi, District- Madhubani 3. Pushpa Devi @ Pushpa Kumari W/o Shiv Kumar Sah R/o Village- Anaharban (Anahabon), P.S.- Laukahi, District- Madhubani ... ... Petitioner/s Versus 1. The State of Bihar 2. Parmeshwari Devi W/o Shiv Kumar Sah R/o Village- Anaharban , P.S.- Laukaha, District- Madhubani Present Parmeshwari Devi aged about 26 years D/o Ram Saubhit Sah, R/o Village- Got Khutauna, Ward No.1, P.S.- Khutauna, Dist.- Madhubani ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ravi Prakash, Adv. For the Opposite Party/s : Mr.Shaheen Begum, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 4 22-03-2025 Heard the parties. 2. The petitioners are apprehending their arrest in connection with Complaint Case No. 372 of 2018 for the offences under Sections 341, 323, 504, 379, 498A, 494 of the Indian Penal Code. 3. It is a case of matrimonial dispute between the parties. Petitioner no. 1 and petitioner no. 2 is father-in-law, mother-in-law of the complainant respectively and petitioner no. 3 is second wife of co-accused - Shiv Kumar Sah (complainant’s Patna High Court CR. MISC. No.69620 of 2024(4) dt.22-03-2025 2/3 husband). Allegation against the petitioners and their family members is of torturing, assaulting and ousting the complainant from her matrimonial house due to non-fulfillment of dowry demand. 4. Learned counsel for the petitioners submits that petitioners are quite innocent, committed no offence and have been falsely implicated in this case. There is general and omnibus allegation against the petitioners for dowry demand and torture. Petitioners have never demanded any dowry from the complainant and for that never tortured her. He also submits that petitioner no. 1 and 2 have separate mess and businesss with co-accused - Shiv Kumar Sah. 5. Learned Additional Public Prosecutor opposes the prayer of anticipatory bail. 6. During course of argument learned counsel for the petitioners submits that petitioners are father-in-law, mother-in- law and second wife of co-accused – Shiv Kumar Sah (husband of complainant). He also submits that petitioner nos. 1 and 2 are living separately from co-accused Shiv Kumar Sah (complainant’s husband) 7. Keeping in view the aforesaid facts, let the petitioners be enlarged on anticipatory bail in the event of arrest Patna High Court CR. MISC. No.69620 of 2024(4) dt.22-03-2025 3/3 or surrender within a period of four weeks from the receipt/production 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. Jhanjharpur, Madhubani in connection with Complaint Case No. 372 of 2018 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. prabhakar/- (S. B. Pd. Singh, J) U T