Gama Sah And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22149 of 2017 Arising Out of PS.Case No. -1065 Year- 2016 Thana -SIWAN COMPLAINT CASE DistrictSIWAN ======================================================
1. Gama Sah, Son of Late Sheo Nath Sah.
2. Sri Mati Meera Devi @ Mira Devi, wife of Gama Sah.
3. Sunil Sah @ Sunil Kumar.
4. Satyendra Sah @ Satendar Kumar,
5. Ranjeet Sah @ Ranjit Kumar, 3 to 5 sons of Gama Sah, All resident of Village- Sheodah, Police Station- G.B. Nagar, District- Siwan. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Fulpati Devi, Wife of Sudama Sah, Resident of Village- Basohi, P.S.- Masharakh, District- Saran at Chapra.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh For the Opposite Party/s : Mr. Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-07-2017 Heard learned Counsel for the petitioners, learned Counsel appearing on behalf of the Opposite Party No. 2 and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Complaint Case No. 1065 of 2016, disclosing offences under Section 304B, 498A, 120B, 109 of the Indian Penal Code.
The petitioners are the in-laws of the deceased. It is submitted on behalf of the petitioners that the fact,
Patna High Court Cr.Misc. No.22149 of 2017 (2) dt.13-07-2017 2/3 that the complaint case came to be filed nearly one week after the date of occurrence, casts serious doubt on the case of the prosecution.
It is submitted that the petitioners shall present themselves before the Court as and when required and there is no chance that they will tamper with the evidence or influence the witnesses.
Learned Counsel appearing on behalf of the Opposite Party No. 2 has opposed the prayer for bail vehemently and has submitted that considering the grievous nature of the offence, the petitioners should not be given such privilege.
However, considering the above submission, this application is allowed.
Let the petitioners, namely, Gama Sah, Sri Mati Meera Devi @ Mira Devi, Sunil Sah @ Sunil Kumar, Satyendra Sah @ Satendar Kumar and Ranjeet Sah @ Ranjit Kumar, in the event of their arrest or surrender before the Court below within six weeks, 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 Sub Divisional Judicial Magistrate, Siwan, in connection with Complaint Case No. 1065 of 2016, subject to the condition laid down under Section 438
Patna High Court Cr.Misc. No.22149 of 2017 (2) dt.13-07-2017 3/3
(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the Court, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √