Nageshwar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10463 of 2022 Arising Out of PS. Case No.-37 Year-2021 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== 1.

Nageshwar Sah Son Of Kanki Sah R/O Village- Vishunpur Patti, P.S.- Sahebganj, District- Muzaffarpur 2.

Malhotri Devi Wife Of Nageshwar Sah R/O Village- Vishunpur Patti, P.S.- Sahebganj, District- Muzaffarpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar, Adv.

For the Opposite Party/s :

Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-03-2022 Heard learned counsel for the petitioners and the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in Sahebganj P.S. Case No. 37 of 2021 registered under Sections 304B, 201, 504, 506, 323/34 of the Indian Penal Code.

Allegation against the accused persons including the petitioners is of committing torture and causing death of the victim due to non-fulfillment of demand of dowry. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no

Patna High Court CR. MISC. No.10463 of 2022(2) dt.11-03-2022 2/2 allegation of tampering of witnesses alleged against the petitioners. The petitioner Nos. 1 & 2 are father-in-law and brother-in-law of the deceased respectively. They are separate in mess and property from husband of the deceased. They have got no concern with the alleged occurrence. The husband of the deceased is in custody.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, West, Muzaffarpur in connection with Sahebganj P.S. Case No. 37 of 2021 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T