Jairam Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32414 of 2022 Arising Out of PS. Case No.-11 Year-2022 Thana- MAHILA P.S. District- Madhubani ====================================================== 1.

JAIRAM SAH Son of Late Gopal Sah Resident of Village - Mahila College Road, Madhubani Ward No.2, P.s.- Madhubani Town, Distt.- Madhubani. 2.

Girja Devi W/o Jairam Sah Resident of Village - Mahila College Road, Madhubani Ward No.2, P.s.- Madhubani Town, Distt.- Madhubani. 3.

Anshu Kumar Shah @ Anshu Kumar Son of Jairam Sah Resident of Village - Mahila College Road, Madhubani Ward No.2, P.s.- Madhubani Town, Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravindra Kumar Singh For the Opposite Party/s :

Mr. Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-11-2022 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 Mahila P.S. Case no. 11 of 2022 instituted for the offence under Sections 376, 323, 504, 506/34 of the Indian Penal Code. Allegation against the petitioners is that when the informant went to house of petitioners for complaining against Sunny Kumar Sah, the petitioners including family members started abusing and assaulting her.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have

Patna High Court CR. MISC. No.32414 of 2022(2) dt.23-11-2022 2/2 committed no offence. They have got no criminal antecedent. The main allegation of committing rape upon the informant is against co-accused Sunny kumar Sah. It is further submitted that the petitioners are family members of co-accused Sunny Kumar Sah due to which they have falsely been made accused in this present case.

Learned APP appearing for the state has opposed the prayer of anticipatory 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 Mahila P.S. Case no. 11 of 2022, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Madhubani subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) amandeep/- U T