Patna High CourtCR. MISC./15163/2017bail granted

Nand Kishore Sah And ORS v. The State Of Bihar

2017-04-07Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15163 of 2017 Arising Out of PS.Case No. -125 Year- 2016 Thana -DHAKA District- EASTCHAMPARAN (MOTIHARI) ======================================================

1. Nand Kishore Sah, Son of Late Kuar Sah

2. Babulal Sah, Son of Late Kuar Sah

3. Renu Devi, Wife of Nand Kishore Sah

4. Shobha Devi, Wife of Babulal Sah

5. Most Bhagiya Devi, Wife of Late Kuar Sah, All are resident of VillageSemra Karsahiya, P.S.- Dhaka, District- East Champaran .... .... Petitioners

Versus

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

For the Petitioners : Mr. Ranjeet Kumar, Advocate For the Opposite Party : Mr. Umesh Lal Verma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-04-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 304B and 201/34 of the Indian Penal Code.

Allegation is of commission of death for dowry. Submission of the petitioner is that marriage was solemnized much prior to the seven years. The eldest son is aged about 11 years. There is no eye-witness of the occurrence and just to pressurize, after death during course of treatment, the present false case has been lodged.

Let the petitioners, above named, in the event of their

Patna High Court Cr.Misc. No.15163 of 2017 (2) dt.07-04-2017 2/2 arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, 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 Chief Judicial Magistrate, East Champaran, Motihari/successor Court in connection with Dhaka Police Station Case No. 125 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

Kundan (Birendra Kumar, J) U T