Shambhu Sah @ Shambhu Prasad Sah And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.11523 of 2017 (3) dt.05-05-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11523 of 2017 Arising Out of PS.Case No. -88 Year- 2016 Thana -ANDHRAMATH District- MADHUBANI ======================================================
1. Shambhu Sah @ Shambhu Prasad Sah, S/o Late Lallu Sah @ Late Kailu Sah,
2. Anita Devi, W/o Shambhu Sah,
3. Umesh Sah @ Umesh Kumar, S/o Mishri Lal Sah,
4. Nand Lal Sah, S/o Late Sukhdeo Sah, All resident of VillageMahadeomath, P.S.- Andhramath, District- Madhubani. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Sri Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 05-05-2017 Learned counsel for the petitioners has submitted that the petitioner No.1 has been taken into custody, therefore, this application with respect to petitioner No.1 has become infructuous and seeks permission to withdraw this application with respect to petitioner No.1 only.
Permission accorded.
Accordingly, this application with respect to petitioner No.1 is dismissed as infructuous.
Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Andharamath Police Station Case No. 88 of 2016, disclosing
Patna High Court Cr.Misc. No.11523 of 2017 (3) dt.05-05-2017 offences under Sections 341, 323, 354(B), 498(A) and 504/34 of the Indian Penal Code and 3/4 D.P. Act.
Learned counsel for the petitioners has submitted that there is general and omnibus allegation against these petitioners and no specific overt act is attributed to them. In fact, petitioner No.2, 3 and 4 happen to be mother-in-law, Bhaisur and cousin father-in-law of the informant are innocent and have never demanded dowry from the informant. Moreover, the co-accused, Ramesh Kumar Sah, who is husband of the informant, is ready to keep his wife with full dignity and honour. Statement to that effect has been made in paragraph 11 of the petition. Hence, the petitioners deserve the privilege of anticipatory bail.
Considering the facts and circumstances of the case, let the petitioner nos. 2 to 4, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate- 1st, Class, Jhanjharpur, in connection with Andhramath Police Station Case No. 88 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Arvind Srivastava, J.) Brajesh/- U T