Ashok Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32954 of 2015 Arising Out of PS.Case No. -61 Year- 2015 Thana -SIMRI BAKHTIARPUR District- SAHARSA ======================================================

1. Ashok Sah Son of Chhedi Sah,

2. Chhedi Sah, Son of Jhulan Sah,

3. Duro Devi, Wife of Chhedi Sah, All are resident of village - Badiya, P.s. - Bakhtiyarpur, District - Saharsa.

4. Krishna Sah @ Kishan Sah, Son of Late Sone Lal Sah,

5. Sanju Devi @ Sanjo Devi, Wife of Krishna Sah @ Kishan Sah, Both are resident of village - Balha, P.S. - Bangaon, District - Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Mr. Nirmal Kumar Sinha (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 17-08-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners apprehend their arrest in connection with a case registered for the offences punishable under Sections 457 and 380 of the Indian Penal Code.

Learned counsel for the petitioner submits that earlier also the informant of this case being the daughter-in-law of the house and wife of petitioner No. 1, had engaged themselves in a litigation under Section 498-A. It is submitted that in the said case, the petitioners had sought and had been granted anticipatory bail. Subsequent thereto, the informant in order to further rope in these petitioners, has instituted the present case making allegation

Patna High Court Cr.Misc. No.32954 of 2015 (2) dt.17-08-2015 P2/2 of theft and in pursuance thereof these petitioners are facing prosecution and are apprehending their arrest. Considering the peculiar nature of case and also the fact that the informant had earlier lodged a case under Section 498-A, let the petitioners above named, in the event of their arrest / surrender within a period of three weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the each amount to the satisfaction of the learned Chief Judicial Magistrate, Saharsa in connection with Bakhtiyarpyur P.S. Case No. 61/2015 subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J) Saif/- U T