Laxman Sah And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41732 of 2018 Arising Out of PS. Case No.-244 Year-2010 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ======================================================

1. Laxman Sah, S/o Late Amiri Sah, Resident of Village- Bara Jayrar, P.S.- Chiraiya, District- East Champaran.

2. Suresh Sah, S/o Late Bhila Sah @ Bhola Sah.

3. Manohar Sah @ Manohar Kumar Soni, S/o Suresh Sah, Both are resident of Village + P.O.- Mirpur, P.S.- Chiraiya, DistrictEast Champaran. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Meena Devi, W/o Milan Sah, Resident of Village- Bara-Jayram, P.S.- Chiraiya, District- East Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anuj Kumar For the Opposite Party/s :

Mr. Sri Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case instituted for the offences under Sections 498A and 406 of the Indian Penal Code. Allegation against the petitioners is of committing torture upon the victim due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioners are in custody since 7.6.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners are in-

Patna High Court Cr.Misc. No.41732 of 2018(2) dt.18-07-2018 2/2 laws of the victim. They have falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The petitioners have relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R/complaint case. Considering the aforesaid facts and circumstances, it is directed that the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sessions Judge, East Champaran at Motihari in connection with Trial No. 153 of 2018 arising out of Complaint Case No. C-244 of 2010.

(Sudhir Singh, J) Pankaj/- U T