Ram Chander Sah @ Ram Chandra Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9924 of 2016 Arising Out of PS.Case No. -96 Year- 2014 Thana -DIHRINAGAR District- SASARAM (ROHTAS) ======================================================

1. Ram Chander Sah @ Ram Chandra Sah S/o late Magal Sah

2. Mukhiya Devi W/o Ram Chander Sah @ Ram Chandra Sah. Both are resident of Village- Pandyapur P.O. - Navadih P.S. Indirpuri District Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Sinha, Advocate For the Opposite Party/s : Mr. P.K.Choursiya(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-05-2016 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Petitioners apprehend their arrest in connection with Dehri (Indirapuri) P.S. Case No. 96 of 2014 registered for the offence punishable under Sections 304(B), 201/34 of the Indian Penal Code.

As per the prosecution case, petitioners and others have killed the deceased, who is sister of the informant, due to non-fulfilment of demand of gold chain and sewing machine.

Petitioner had earlier moved this Court for grant

Patna High Court Cr.Misc. No.9924 of 2016 (3) dt.19-05-2016 2/3 of anticipatory bail in Cr. Misc. No. 37847 of 2014, which was dismissed as withdrawn on 09.07.2015.

It has been submitted by the learned counsel for the petitioners that the said anticipatory bail application was withdrawn under misconception that final form will be submitted in favour of the petitioners, but since the husband of the deceased has been arrested, they have apprehension of arrest. He submits that petitioners are father-in-law and mother-in-law of the deceased, Mamta Devi and no specific allegation has been levelled against them and the husband of the deceased is in jail custody for about a year. However, learned A.P.P. for the State submits that the petitioners are named in the First Information Report and hence, opposes the prayer for bail.

Be that as it may, since the husband of the deceased is already in custody, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of eight weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand only) each with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial

Patna High Court Cr.Misc. No.9924 of 2016 (3) dt.19-05-2016 3/3 Magistrate, Dehri in connection with Dehri (Indirapuri) P.S. Case No. 96 of 2014, subject to the conditions as laid down under Section 438 (2) of the Cr. P.C.

(Nilu Agrawal, J.) Arjun/- U T