Ganesh Sah @ Ganesh Sahu And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38837 of 2018 Arising Out of PS.Case No. -103 Year- 2017 Thana -PANDAUL District- MADHUBANI ======================================================

1. Ganesh Sah @ Ganesh Sahu son of Kari Sah,

2. Gulabi Devi @ Gulab Devi, wife of Ganesh Sah @ Ganesh Sahu, Both resident of Village- Sarisabpahi tola West, P.S.- Pandaul, DistrictMadhubani. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Jha For the Opposite Party/s : Mr. Sri Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-07-2018 The petitioners are apprehending their arrest in connection with Pandaul P.S. Case No. 103 of 2017, registered for offences punishable under Sections 302/34 of the Indian Penal Code.

Allegation as per F.I.R. that the daughter of the informant was weeping in the night and the co-accused of this case, who happens to be father of the said daughter annoyed with weeping of the child started beating her, resulting in her death and it is alleged that these petitioners also instigated the said co-accused. It has been submitted on behalf of the petitioners that they have falsely been made accused in this case and there is no allegation against these petitioners of beating the daughter of the informant and the police after investigation submitted final form in

Patna High Court Cr.Misc. No.38837 of 2018 (2) dt.06-07-2018 2/2 this case, however, the Magistrate took cognizance differing with the final form.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani, in connection with Pandaul P.S. Case No. 103 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(Vinod Kumar Sinha, J) sunil/- U T