Shri Bhagwan Sah @ Sri Bhagwan Sah And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8237 of 2015 Arising Out of PS.Case No. -143 Year- 2013 Thana -JAMOBAZAR District- SIWAN ======================================================
1. Shri Bhagwan Sah @ Sri Bhagwan Sah S/o Late Sheo Chandra Sah
2. Srimati Devi W/o Shri Bhagwan Sah Both Resident of Village Madhopur, Tole Mathia, P.S. Jamo Bazar, District Siwan. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Sanjay Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 16-07-2015 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek anticipatory bail in a case instituted for the offences under Sections 306 and 201/34 of the Indian Penal Code.
Allegation has been made that the victim was being tortured on account of having given birth to three female children. Situation was created in such a manner that the lady along with her two daughters jumped in the pond which led to filing of the case.
Learned counsel for the petitioners submits that there is allegation of torture against the husband who used to assault and abuse the victim. Petitioner no.1 is father-in-law and
Patna High Court Cr.Misc. No.8237 of 2015 (3) dt.16-07-2015 petitioner no.2 is mother-in-law.
Looking to the facts and circumstances of the case, in the event of arrest or surrender within four weeks from today, let petitioners, namely, Shri Bhagwan Sah alias Sri Bhagwan Sah and Srimati Devi, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan in connection with Jamo P.S. Case No.143 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal procedure. It is made clear that if the petitioners will not co-operate during course of investigation and join for interrogation the police will be at liberty to file an application for cancellation of bail. (Shivaji Pandey, J) Vinay/- U T