Dharamchand Sah And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.78960 of 2018 Arising Out of PS. Case No.-1343 Year-2017 Thana- COMPLAINT CASE District- Araria ======================================================
1. Dharamchand Sah Son of Late Buchai Sah
2. Keshaw Lal Sah Son of Late Buchai Sah
3. Sakaldev Sah Son of Keshaw Lal Sah
4. Ajay Kumar Sah Son of Late Buchai Sah
5. Guzai Sah Son of Late Khelan Sah
6. Delimchand @ Dalimchand Sah Son of Agam Lal Sah
7. Kichka Prasad @ Kichka Prasad Sah Son of Dalimchand Sah
8. Pathlu Sah Son of Dalimchand Sah
9. Bagru Sah @ Bagru Prasad Sah Son of Dalimchand Sah
10. Suresh Sah Son of Sarju Sah @ Sarjug Shah
11. Dukhai Sah Son of Manik Chand Sah
12. Kaushailya Devi Wife of Keshaw Lal Sah
13. Munni Devi Wife of Sakal Deo Sah
14. Osmina Devi Wife of Dalimchand Sah
15. Reena Devi Wife of Kichka Sah All resident of village Sohagpur P.S. Palasi District Araria ... ... Petitioner/s
Versus
1. The State of Bihar
2. Most. Savitri Devi W/o late Rajendra Sah resident of village Sohagpur Police Station- Palasi District- Araria ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar Rana For the Opposite Party/s :
Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 09-01-2019 Heard learned counsel for the petitioners and learned counsel for the State.
In this case, the petitioners are apprehending their arrest in connection with Complaint Case No. 1343C of 2017 registered for offences under sections 323, 379, 504 of the Indian Penal Code and Section 3⁄4 of the Dian Act. In the present case, an allegation has been made that the accused persons have attempted to administer excreta in
Patna High Court Cr.Misc. No.78960 of 2018(2) dt.09-01-2019 2/2 the month of the victim, called her Dian and made her half naked with a view to outrage her modesty.
In the accused column, number of females have been made accused. As per counsel for the petitioners, they are agnates and the complaint has been filed after delay of one and half month, that too, without giving any explanation for such delay.
Looking to the entire facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Araria in connection with Complaint Case No. 1343C of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioners for investigation/interrogation, they will remain present and if they would not present themselves, the privilege of grant of anticipatory bail shall be deemed to have been canceled.
(Shivaji Pandey, J) rishi/- U T