IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.245 of 2019 Arising Out of PS. Case No.-23 Year-2014 Thana- CHACKMEHSI District- Samastipur ======================================================

Archana, wife of Gauri Shankar, D/o Sri Jitendra Kumar Resident of Prem Nagar, Bibiganj, Ward No. 7, P.S.- Brahampura, District- Muzaffarpur ... ... Appellant Versus

1. The State of Bihar

2. Gauri Shankar Son of Harikant Thakur R/o village- Gaurai, P.S.- Chak Mehasi, District- Samastipur

3. Harikant Thakur Son of Hridya Thakur R/o village- Gaurai, P.S.- Chak Mehasi, District- Samastipur

4. Baban Thakur Wife of Harikant Thakur R/o village- Gaurai, P.S.- Chak Mehasi, District- Samastipur ... ... Respondents ======================================================

Appearance :

For the Appellant : Mr. D.K. Sinha, Sr. Advocate Mr. Yogendra Pd. Singh, Advocate Mr. Ratneshwar Kumar, Advocate For the State : Ms. Shashi Bala Verma, APP For Respondent No. 2 to 4 : Mr. Nachiketa Jha, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI and HONOURABLE MR. JUSTICE DR. ANSHUMAN

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI)

Date : 20-02-2026 This is an appeal against acquittal passed in Sessions Trial No. 539 of 2015 by the learned Additional Sessions Judge Ist Court at Samastipur on 21^st August 2015.

2. Chackmehsi P.S. Case No. 23/2014 was registered on

25^th March 2014 under Section 323/498A/34 of the IPC and subsequently, added Section 307 of the IPC. On the basis of a written complaint submitted by one Smt. Archana, wife of respondent no. 2 and daughter-in-law of respondent no. 3 and 4. It is stated in the complaint submitted before the SHO, Chackmehsi police station in the District of Samastipur that the marriage of the informant was solemenized according to Hindu rites and customs in the year 2009. After marriage, she came to her matrimonial home where her relation with her husband was very cordial for initial six months. Thereafter, her husband and parents-in-law started demanding a Honda City Car as further dowry after marriage and on such demand she was subjected to physical and mental cruelty. Over the said incident, she lodged a complaint case before the learned Chief Judicial Magistrate, Muzaffarpur. In the said case, the husband of the informant filed an application before this Court praying for bail. The said application was allowed on the submission made on behalf of the respondent no. 2 that he would take his wife to his place of work and keep her with proper dignity and honour. Subsequently, on 18^th March 2014, the informant was taken to Mumbai. He stayed their along with her, her parents-in-law also came to Mumbai but she was not kept in the house of her husband at Mumbai with proper dignity. On the contrary, she was subjected to physical and mental torture. On 25^th March 2014, respondents brought her to Muzaffarpur and insisted upon her to withdraw the aforementioned complaint case instituted by her against them. When she told that she would be able to take appropriate step in this regard after talking to her father, her father-

in-law declared to end her life. At this, her husband and mother-in- law assaulted her with the help of an iron rod with the intention to commit her murder. She sustained grievous injury on her arm and other parts of the body. In the meantime, some people of Muzaffarpur and her neighbours appeared at the spot and by their intervention she was rescued. On the basis, the said complaint, the above-mentioned police case was registered.

3. Investigation of the case was taken up by S.I.

Birendra Kumar Paswan. The trial court records further reveals that on conclusion of investigation, the I.O. submitted charge- sheet against accused persons under Section 438/34/323/307 of the IPC. Since, the offence under Section 307 of the IPC is exclusively triable by the Court of Sessions, the case was handed over to the learned Sessions Judge, Samastipur