Bigan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21598 of 2019 Arising Out of PS. Case No.-223 Year-2018 Thana- GHORASAHAN District- East Champaran ====================================================== BIGAN SAH, Son of Mohan Sah, Resident of Village-Konha Tola Bishunpur, P.S.-Jharokhar, District-East Champaran.

... ... Petitioner

Versus

1.

The State of Bihar 2.

Rina Devi, Wife of Bigan Sah, Resident of Village-Konha Tola Bishunpur, P.S-Jharokhar, District-East Champaran.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-05-2019 Petitioner seeks bail in anticipation of his arrest in connection with Ghorasahan Jharokhar) P.S. Case No. 223 of 2018 registered for the offences punishable under Sections 341, 323, 498A/34 of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act.

Petitioner happens to be husband and FIR disclosed that there was demand of Rs.50,000/- by in-laws of opposite party No.2 and she gave birth to a daughter and for that she was assaulted by her husband and in-laws.

Submission of learned counsel for the petitioner is that earlier charge sheet has not been submitted against the petitioner and cognizance has not been taken but later on, on the

Patna High Court CR. MISC. No.21598 of 2019(2) dt.10-05-2019 2/2 order of learned Sessions Judge cognizance has been taken against the petitioner.

Heard learned APP also.

In view of above facts and circumstances, let petitioner, in the event of arrest or surrender before the court below within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Sikrhana, East Champaran, Motihari, in connection with Ghorasahan (Jharokhar) P.S.Case No. 223 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned. (Vinod Kumar Sinha, J) spal/- U T