Kailash Sah And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.36726 of 2016 (3) dt.21-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36726 of 2016 Arising Out of PS.Case No. -15 Year- 2015 Thana -MAHILA P.S. District- SAHARSA ======================================================

1. Kailash Sah son of Achhe Sah

2. Sikandra Sah son of Mohan Sah

3. Prabhu Sah @ Baiju Sah son of Ramdev Sah, all residents of Village- Sarahi Ward No. 3, PS & District- Saharsa.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Diwakar Prasad Singh For the Opposite Party/s : Sri Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 21-09-2016 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, petitioners are seeking anticipatory bail in connection with Mahila P.S. Case No. 15 of 2015 registered for offences under sections 341, 323, 376, 511, 379, 506/34 of the Indian Penal Code.

The petitioners had earlier moved before this Court for anticipatory bail in Cr. Misc. No. 11787 of 2016 and this Court, vide order dated 16.3.2016, rejected the bail of the petitioners.

The counsel for the petitioners submits that the informant-lady is in habit of filing of such cases and an application

Patna High Court Cr.Misc. No.36726 of 2016 (3) dt.21-09-2016 has been filed by her before the Magistrate where she has stated, she has wrongly given the name of the petitioners. He further submits that petitioners have not committed any kind of sexual offence or any other offence upon the informant. This Court has already rejected the bail of the petitioners. If the petitioners surrender themselves within five weeks from today, the court below will examine the case of petitioners on the day of their surrender and also examine all materials which would be placed before him, and pass the order in accordance with law.

This Court is not inclined to grant anticipatory bail to the petitioners. Accordingly, this petition is rejected. (Shivaji Pandey, J) Mahesh/- U T