Nawal Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45852 of 2014 Arising Out of PS.Case No. -121 Year- 2014 Thana -SITAMARHI COMPLAINT CASE DistrictSITAMARHI ======================================================

1. Nawal Sah.

2. Chotelal Sah @ Chhote Sah.

3. Pramila Devi.

4. Ruby Kumari.

.... .... Petitioners.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioners : Mr. Dinesh Jha, Advocate. For the Opposite Party : Mr. Narendra Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-02-2015 Heard the learned counsels for the petitioners and the State.

The petitioners being the parents, brother and sister of late husband of the complainant are apprehending their arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 354, 379/34, 417, 419 and 498(A) of the Indian Penal Code.

The accusation is of torture after death of husband of the complainant.

It is alleged that the co-accused Krishna

Patna High Court Cr.Misc. No.45852 of 2014 (2) dt.16-02-2015 2 / 3 Nandan Sah(non petitioner) tried to outrage the modesty of the complainant and withdrew the money from the Bank which was invested by late husband of the complainant by producing through some fictitious lady.

It is submitted by learned counsel for the petitioners that the petitioners are ready to keep the complainant in her matrimonial house and give her due share in the matrimonial property.

Considering the stand of the petitioners, let the petitioners, above named, be released on provisional anticipatory bail for six months in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Complaint Case No. C-1/121 of 2014 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Pupri at Sitamarhi, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

The provisional bail of the petitioners will be confirmed by the learned court below on filing affidavit by each of the petitioner that they will allow the complainant in enjoying her share of

Patna High Court Cr.Misc. No.45852 of 2014 (2) dt.16-02-2015 3 / 3 property and to allow her to reside in the matrimonial house. The said affidavit will be transmitted to the concerned police station.

U.K./- (Dinesh Kumar Singh, J) U T