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Patna High CourtCR. MISC./2197/2016rejected

Deodatta Sah And ORS v. The State Of Bihar

2016-01-18Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2197 of 2016 Arising Out of PS.Case No. -166 Year- 2015 Thana -BIHARIGANJ District- MADHEPURA ======================================================

1. Deodatta Sah, Son of Chhotelal Sah,

2. Chhotelal Sah, Son of Late Soudagar Sah,

3. Naresh Sah, Son of Chhotelal Sah,

4. Jhalia Devi, W/o Chhotelal Sah, All residents of village - Kumharpur, Ward No. 5, P.S. - Bihariganj, District - Madhepura.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Pawan Kumar, Advocate For the Opposite Party/s : Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 18-01-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Bihariganj P.S. Case No. 166 of 2015 registered under Sections 341, 323, 354-B and 379 read with 34 of the Indian Penal Code.

Regard being had to the nature of allegation levelled in the FIR, the prayer for anticipatory bail to the petitioner No. 1, namely, Deodatta Sah is hereby rejected.

So far as the other petitioners are concerned, there

Patna High Court Cr.Misc. No.2197 of 2016 (2) dt.18-01-2016 2 / 2 is no allegation that they in any manner outraged or attempted to outrage the modesty or abated to outrage the modesty of the informant.

In that view of the matter, in the event of arrest or surrender in the court below within six weeks from today, let the petitioners No. 2 to 4, namely, Chhotelal Sah, Naresh Sah and Jhalia Devi are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Udakishunganj, Madhepura in connection with Bihariganj P.S. Case No. 166 of 2015 subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Ashwani Kumar Singh, J.) Sanjeet/- U T