Shiv Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31053 of 2022 Arising Out of PS. Case No.-166 Year-2022 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== 1.

SHIV KUMAR SAH SON OF LATE MOTI LAL SAH R/ O- VILLAGEAMBA BHAG ALIGANJ, P.S.- MUJAHIDPUR, DIST.- BHAGALPUR 2.

SAVITA DEVI WIFE OF SHIV KUMAR SAH R/ O- VILLAGE- AMBA BHAG ALIGANJ, P.S.- MUJAHIDPUR, DIST.- BHAGALPUR ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

DIPA TIBREWAL WIFE OF LATE AJAY TIBERWAL R/ O- VILLAGELAHERI TALA, P.S.- KOTWALI DIST.- BHAGALPUR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dilip Kumar For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-11-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Kotwali P.S. Case no. 166 of 2022 instituted for the offence punishable under Sections 341, 323, 384, 354, 504, 506 and 379/34 of the Indian Penal Code.

Prosecution case relates to extortion of money by the petitioners and snatching of ornaments. It is further alleged that they have threatened to kill the informant if, he disclosed the matter to anyone.

Patna High Court CR. MISC. No.31053 of 2022(2) dt.15-11-2022 2/2 Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. There is no allegation of assault against the petitioner. This false case has been registered against the petitioners for putting pressure in order to evict the shop unlawfully by them. They have got no criminal antecedents.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Kotwali P.S. Case no. 166 of 2022, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Bhagalpur subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) nirajkrs/- U