Pawan Sah And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6753 of 2017 Arising Out of PS.Case No. -25 Year- 2010 Thana -EAST CHAMPARAN COMPLAINT DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Pawan Sah,

2. Upendra Sah, Both S/o Nathu Sah, R/o Bijulpur Bankati Tola, P.S.- Turkauliya, District- East Champaran.

.... .... Petitioners

Versus

1. The State of Bihar.

2. Sunita Devi, W/o Ram Ekbal Sah, S/o Late Chhathhu Sah, R/o Bijulpur Bankari Tola P.S.- Turkauliya, District- East Champaran presently resident of Siswa Maladahiya, P.S.- Paharpur District- East Champaran. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Patanjali Rishi For the Opposite Party/s : Mr. Sri Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 22-02-2017 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in connection with a case registered under Sections 498A, 323 and 504/34 of the Indian Penal Code.

The petitioners are brothers of the husband of the complainant.

Submission is that merely on the ground that a process of attachment was issued, therefore, anticipatory bail was denied. However, other co-accused except the husband having similar allegation were admitted earlier to anticipatory bail.

Patna High Court Cr.Misc. No.6753 of 2017 (2) dt.22-02-2017 2 / 2 Having considered the said facts and circumstances, it is not a case of anticipatory bail but a case of regular bail. The petitioners are directed to surrender before the learned court below within four weeks from the date of receipt of a copy of this order and in case of surrender, the prayer of regular bail shall be considered in accordance with law considering the merit of the case as others have been granted anticipatory bail. With the above observation, the prayer for anticipatory bail of the petitioners is refused in connection with Complaint Case No.C-25 of 2010, pending before the learned SubDivisional Judicial Magistrate, Sadar, Motihari, East Champaran. (Arun Kumar, J.) S.Kumar/- U T