Patna High CourtCR. MISC./48812/2015partly allowed disposal

Ramayodhey Sah And ANR. v. The State Of Bihar

2015-11-09Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48812 of 2015 Arising Out of PS. Case No. -72 Year- 2012 Thana -AADAPUR District- EASTCHAMPARAN (MOTIHARI) ======================================================

1. Ramayodhey Sah, Son of Dasai Sah,

2. Sunarpatiya Devi, Wife of Ramayodheya Sah, Both the residents of village - Barwa, P.S. - Adhapur, District - East Champaran.

.... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar, Advocate For the Opposite Party/s : Mr. Abhay Kumar No. 1 (App) ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 09-11-2015 Heard learned counsel for the petitioners and the State.

The petitioners, who are father-in-law and mother-inlaw respectively, apprehend their arrest in a case under Sections 304B/201/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the allegations are general in nature. Furthermore, the main allegation is against their son Gopichand Sah, the husband of the victim, who has been acquitted vide S.Tr. No. 938 of 2013. Having regard to the facts and circumstances of the case, in the event of arrest or surrender before the court below within six weeks from today the petitioner no. 2, namely,

Patna High Court Cr.Misc. No.48812 of 2015 (2) dt.09-11-2015 2 / 2 Sunarpatiya Devi, be released on bail on furnishing bail bond of Rs.5000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Raxaul at Motihari in connection with Adhapur P.S. Case no. 72 of 2012 subject to the conditions as laid down under Section 438

(2) Cr.P.C.

The petitioner no.1, namely, Ramayodhey Sah, should surrender before the court below and pray for regular bail, which would be considered and disposed of on the same day on its own merit taking into consideration that the husband of the victim has already been acquitted.

With the aforesaid observation, the anticipatory bail application of petitioner no.1 is disposed of. (Samarendra Pratap Singh, J.) Uday/- U T