Shambhu Sah @ Shambhu Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30799 of 2019 Arising Out of PS. Case No.-471 Year-2018 Thana- BETTIAH CITY District- West Champaran ====================================================== 1.

Shambhu Sah @ Shambhu Gupta Son of Mangal Sah 2.

Samrat Kumar @ Samrat Gupta Son of Shambhu Sah Both are residents of village- Pipra Chamainiya Police Station- Yogapatti, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar No 7, Advocate For the Opposite Party/s :

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 09-05-2019 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Bettiah Town P.S. Case No. 471 of 2018, registered for the offence punishable under Sections 363, 366 and 379 of the Indian Penal Code.

As per the FIR, the informant had gone to State of Kashmir for the purpose of work and when he returned from there, he found that his wife has been taken away by one Suraj Prasad Gupta. His wife has also taken money of Rs. 1,00,000/- which the petitioner sent to her and for this incident, the motherin-law and other family member from in-laws side have been

Patna High Court CR. MISC. No.30799 of 2019(2) dt.09-05-2019 2/2 implicated in this case.

Counsel for the petitioners submits that the petitioners are father and brother of Suraj Prasad Gupta and have wrongly implicated in the present case. He further submits that Suraj Prasad is aged about 17 years, whereas the wife of the informant is aged about 35 years having three children. Looking to the entire facts and circumstances of the case, let the petitioners, above-named, be released on anticipatory bail in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Bettiah Town P.S. Case No. 471 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Shivaji Pandey, J) V.K.Pandey/ S. Katyayan/- U T