Dinesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11832 of 2024 Arising Out of PS. Case No.-26 Year-2023 Thana- MAHILA THANA District- Begusarai ====================================================== 1.

Dinesh Sah S/O RAM CHANDRA SAH MOHALLA- KHAGARIA WARD NO. 02, DAAN TOLA, PS. NAGAR, DIST. KHAGARIA. 2.

SHEELA DEVI W/O DINESH SAH MOHALLA- KHAGARIA WARD NO. 2, DAAN TOLA, PS. NAGAR, DIST. KHAGARIA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabi Bhushan, Advocate For the Opposite Party/s :

Mr.Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 22-02-2024 Heard Mr. Rabi Bhushan, learned counsel appearing on behalf of the petitioners and Mr. Suman Kumari Singh, learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Mahila P.S. Case No. 26 of 2023 dated 23.08.2023 registered for the offence(s) punishable under Sections 376 and 34 of the Indian Penal Code.

3. As per the allegation made in the FIR, son of the petitioners, co-accused Vicky Kumar Gupta, had established physical relationship with the victim on the pretext of the marriage.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.11832 of 2024(2) dt.22-02-2024 2/2 petitioners submitted that main allegation is against co-accused, Vicky Kumar Gupta, who is the son of the petitioners and he has been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 24.01.2024 passed in Cr. Misc. No.3771 of 2024.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the facts and circumstances of the case, the petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Begusarai in connection with /Mahila P.S. Case No. 26 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) Sanjay/- U T