Rohit Lal Sah And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27497 of 2017 Arising Out of PS.Case No. -25 Year- 2017 Thana -SAHIYARA District- SITAMARHI ======================================================
1. Rohit Lal Sah son of Late Laxmi Sah.
2. Chandrakala Devi, wife of Rohit Lal Sah.
3. Shambhu Sah, son of Rohit Lal Sah.
4. Rinku Devi, daughter of Rohit Lal Sah.
5. Sumita Devi @ Sunita Devi wife of Shambhu Sah. All are Resident of Village- Sahpur, Sugahi, P.S.- Sahiara, DistrictSitamarhi. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Pratima Devi, wife of Sushil Sah, daughter of Kanhaiya Lal Sah, Resident of Village- Sahpur, Sugahi, P.S.- Sahiara, District- Sitamarhi, at present Resident of Village- Pachtaki Yadu, P.S.- Bairgania, DistrictSitamarhi. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Hans Lal Kumar For the Opposite Party/s : Mr. Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-07-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Sahiyara Police Station Case No. 25 of 2017, disclosing offences under Sections 323, 498A, 379 and 504 of the Indian Penal Code.
The petitioners are the in-laws of the informant. The matrimonial discord appears to be the root cause of lodging of the First Information Report.
Patna High Court Cr.Misc. No.27497 of 2017 (2) dt.14-07-2017 2/3 The Courts have taken judicial notice of the fact that family members of the husband are implicated in order to create pressure on the husband and his family members. There is no reason for this Court to feel that if granted anticipatory bail, the petitioners shall flee from the course of investigation or trial.
It is submitted that the petitioners shall present themselves before the police as and when required and there is no chance that they will tamper with the evidence or influence the witnesses.
Considering the nature of accusation and submissions advanced on behalf of the petitioners, this application is allowed.
Let the petitioners, namely, Rohit Lal Sah, Chandrakala Devi, Shambhu Sah, Rinku Devi and Sumita Devi @ Sunita Devi, 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 Chief Judicial Magistrate, Sitamarhi, in connection with Sahiyara Police Station Case No. 25 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the
Patna High Court Cr.Misc. No.27497 of 2017 (2) dt.14-07-2017 3/3 petitioners shall present themselves before the police/Court, as the case may be, 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 √