Birbal Saw @ Birabal Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14883 of 2023 Arising Out of PS. Case No.-878 Year-2022 Thana- BIHTA District- Patna ====================================================== 1.

BIRBAL SAW @ BIRABAL SAW Son of Saryug Saw R/v- Pakari, P.O.- Amhara, P.S.- Bihta, District- Patna 2.

CHAMELI DEVI @ CHAMELA DEVI Wife of Birbal Saw @ Birabal Saw R/v- Pakari, P.O.- Amhara, P.S.- Bihta, District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Durga Kumari Wife of Golu Kumar, D/o Chhotan Saw R/v P.O.- Amhara, P.S.- Bihta, District- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Sinha For the Opposite Party/s :

Mrs. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 494 and 498A/34 of the Indian Penal Code pending in the learned court below.

The allegation against the petitioners is of torturing the informant in association of his family members on account of non-fulfillment of demand of dowry and of ousting her out of the matrimonial house.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.14883 of 2023(2) dt.12-05-2023 2/2 petitioners are innocent and have been falsely implicated in this case. He submits that there is no specific overt act against the petitioners. He further submits that petitioners are in law of the informant and have no concern with the affairs of informant and her husband. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application. Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances and the fact that there is no specific overt act against the petitioners, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.

25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Bihta P.S. Case No.878/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T