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Patna High CourtCR. MISC./54698/2016bail granted

Khublal Sah And ORS v. The State Of Bihar

2016-12-20Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 54698 of 2016 Arising Out of PS.Case No. -85 Year- 2016 Thana -SAKRA District- MUZAFFARPUR ======================================================

1. Khublal Sah S/o Sri Asharfi Sah,

2. Manju Devi wife of Khublal Sah

3. Rajnish Kumar son of Sri Khublal Sah All are resident of village - Rikhar, P.S. Lalganj, District - Vaishali. .... .... Petitioners

Versus

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

For the Petitioner/s : Mrs. Bela Singh For the Opposite Party/s : Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

20-12-2016 Heard Smt. Bela Singh, learned counsel for petitioners and Sri Navin Kumar Pandey, learned Addl. Public Prosecutor. Three petitioners, who are father-in-law, mother-inlaw and brother-in-law (Devar) respectively of the informant, have approached this Court, with a prayer to extend the privilege of anticipatory bail in Sakara P.S. Case No. 85 of 2016 registered for offence under Sections 341, 323, 406, 420, 467, 468, 498(A), 504/34 of the Indian Penal Code and Sections 3 & 4 of the Dowry Prohibition Act, 1961.

It was submitted by learned counsel for petitioners that marriage of informant was solemnized with the son of petitioner no. 1 & 2 in the month of July, 2010 and after ten months, the husband of the informant left for heavenly abode.

Patna High Court Cr.Misc. No.54698 of 2016 (2) dt.20-12-2016 2/2 After the death of the husband, the informant raised the dispute regarding the property and finally, she filed a suit, vide Title Suit No. 26 of 2012, in which, compromise petition was also filed and title suit is still pending. During pendency of said title suit, the present F.I.R. has been lodged. It was argued by learned counsel for petitioners that only with a view to put pressure on the petitioners in the title suit, the present case has been lodged. Considering the nature of accusation and facts & circumstances, in the event of arrest or surrender within a period of six weeks from today, let the aforesaid three petitioners namely

1. Khublal Sah, 2. Manju Devi and 3. Rajnish Kumar be enlarged 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-Judge 13-cum-A.C.J.M., Muzaffarpur in connection with Sakara P.S. Case No. 85 of 2016, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Rakesh Kumar, J.) Anay U T