Vidyachand Sah @ Vidya Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46633 of 2021 Arising Out of PS. Case No.-245 Year-2021 Thana- DARIYAPUR District- Saran ====================================================== 1.

VIDYACHAND SAH @ VIDYA SAH S/o LATE RAM JEEVAN SAH R/o VILLAGE-TARWA (TARWAN), P.S-DARIYAPUR, DISTRICT-SARAN. 2.

CHHATHIYA DEVI W/o VIDYA CHAND SAH @ VIDYA SAH R/o VILLAGE-TARWA (TARWAN), P.S-DARIYAPUR, DISTRICT-SARAN. 3.

SANJEET KUMAR SAH @ SANJEET KUMAR S/o VIDYACHAND SAH @ VIDYA SAH R/o VILLAGE-TARWA (TARWAN), P.S-DARIYAPUR, DISTRICT-SARAN.

4.

MALA DEVI D/o VIDYACHAND SAH @ VIDYA SAH R/o VILLAGETARWA (TARWAN), P.S-DARIYAPUR, DISTRICT-SARAN. AT PRESENT W/o JHUNU SAH, R/O VILLAGE-PERMANANDPUR, P.SSONPUR, DISTRICT-SARAN. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar, Adv.

For the Opposite Party/s :

Mr.Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-04-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State through virtual Court proceedings.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 498A of the Indian

Patna High Court CR. MISC. No.46633 of 2021(2) dt.22-04-2022 2/3 Penal Code.

The allegation against the petitioners is that they have tortured the informant due to non-fulfillment of demand of dowry and thereafter ousted her from the house. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. Petitioners are the in-laws of the informant. They have been falsely implicated in this case only because they are relatives of her husband. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. The petitioners are living separately from the informant and her husband just after their marriage. It is submitted that the husband of the informant has already been granted bail by the learned court below on the basis of the compromise between the parties. There is one time settlement between the parties. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, considering that there is an one time settlement between the parties, let the above named petitioners, be released on bail, in

Patna High Court CR. MISC. No.46633 of 2021(2) dt.22-04-2022 3/3 the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Dariyapur P.S. Case No.245 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T