Sah Jahan Khatun v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20273 of 2019 Arising Out of PS. Case No.-821 Year-2009 Thana- SASARAM NAGAR District- Rohtas ====================================================== 1.
SAH JAHAN KHATUN W/o Late Zakaria Miya All are resident of Ward No.13, Chawar Takiya, P.S-Sasaram (T), District-Rohtas, Bihar 2.
Guddu Miya @ Haidar Imam, S/o Md. Yusuf Miya @ S. M. Yusuf All are Resident of Ward No.13, Chawar Takiya, P.S-Sasaram (T), District-Rohtas, Bihar 3.
Bali Miya @ Amir Eqbal, S/o Md. Yusuf Miya @ S. M. Yusuf All are resident of Ward No.13, Chawar Takiya, P.S-Sasaram (T), District-Rohtas, Bihar 4.
Pappu Miya @Syed Sahid @ Sayed Suhail S/o Md. Yusuf Miya @ S. M. Yusuf All are Resident of Ward No.13, Chawar Takiya, P.S-Sasaram (T), District-Rohtas, Bihar 5.
Tanvir Miya @ Tanvir Imam, S/o Md. Yusuf Miya @ S. M. Yusuf All are Resident of Ward No.13, Chawar Takiya, P.S-Sasaram (T), District-Rohtas, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manager Sah, Adv.
Mr. Harsh Vardhan, Adv.
For the State :
Mr.Anuj Kumar Shrivastava, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-04-2019 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 143, 448 and 380 of the IPC.
Patna High Court CR. MISC. No.20273 of 2019(3) dt.15-04-2019 2/3 The prosecution case, as per the written report of Meena Devi submitted to the Station House Officer, Sasaram Town Police Station, is to the effect that the petitioners committed theft in the furniture shop of the informant. It is submitted by learned counsel for the petitioners that the informant's husband is the tenant in the house of the petitioners and due to tenancy dispute, the accusation has been levelled against the petitioners. It is further submitted that earlier petitioner no.1 lodged Sasaram P.S. Case No. 806 of 2009 against the informant's side and as a retaliatory measure, the present case has been lodged.
Learned APP submits that the petitioners are named in the FIR with specific accusation.
Considering the fact that the present case has been lodged on 09.01.2009, whereas the present anticipatory bail application has been filed in the year 2019, this Court is not inclined to consider the prayer for anticipatory bail of the petitioners as it can be safely presumed that the petitioners have no apprehension of arrest for ten years. However, it is a case for consideration of regular bail by the learned Court below, if the petitioners surrender within a period of six weeks, in connection with Sasaram (T) P.S. Case No. 821 of 2009, pending in the
Patna High Court CR. MISC. No.20273 of 2019(3) dt.15-04-2019 3/3 Court of learned ACJM, Sasaram, Rohtas.
Accordingly, the present application is disposed of. (Dinesh Kumar Singh, J) Amrendra/- U T