Chhotelal Sah @ Achhelal Sah @ Akshayalal Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41847 of 2024 Arising Out of PS. Case No.-4 Year-2024 Thana- MAHILA P.S District- West Champaran ====================================================== 1.
Chhotelal Sah @ Achhelal Sah @ Akshayalal Sah Son Of Late Vindeshwar Sah Resident Of Village - Narayanpur Ghat Sri Nagar Ward No.8, Police Station - Bagaha (Pathkauli), District - West Champaran 2.
Munna Kumar @ Munna Sah Son Of Chhotelal Sah @ Achhelal Sah @ Akshayalal Sah Resident Of Village - Narayanpur Ghat Sri Nagar Ward No.8, Police Station - Bagaha (Pathkauli), District - West Champaran 3.
Tunna Kumar @ Tunna Sah Son Of Chhotelal Sah @ Achhelal Sah @ Akshayalal Sah Resident Of Village - Narayanpur Ghat Sri Nagar Ward No.8, Police Station - Bagaha (Pathkauli), District - West Champaran. 4.
Raju Kumar @ Raju Kumar Sah Son Of Chhotelal Sah @ Achhelal Sah @ Akshayalal Sah Resident Of Village - Narayanpur Ghat Sri Nagar Ward No.8, Police Station - Bagaha (Pathkauli), District - West Champaran 5.
Raj Kishore Kumar Son Of Chhotelal Sah @ Achhelal Sah @ Akshayalal Sah Resident Of Village - Narayanpur Ghat Sri Nagar Ward No.8, Police Station - Bagaha (Pathkauli), District - West Champaran 6.
Vikki Kumar @ Vikki Sah Son Of Chhotelal Sah @ Achhelal Sah @ Akshayalal Sah Resident Of Village - Narayanpur Ghat Sri Nagar Ward No.8, Police Station - Bagaha (Pathkauli), District - West Champaran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anand Kishore Choudhary, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-07-2024 Heard learned counsel for the petitioners and the State.
2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 376, 420/34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.
3. Allegation against these petitioners is that after
Patna High Court CR. MISC. No.41847 of 2024(2) dt.16-07-2024 2/3 engagement of co-accused Vidhata Kumar with the informant, these petitioners demanded dowry of Rs. 2 lacs. It is further alleged that co-accused Vidhata Kumar established physical relationship with the informant and later on, he refused to marry her.
4. It is submitted on behalf of the petitioners that specific accusation of establishing physical relationship is against co-accused Vidhata Kumar. Petitioners have been made accused in this case merely because they happen to be family members of co-accused Vidhata Kumar. Moreover, F.I.R. has been lodged after inordinate delay of four months and four days which itself creates doubt about veracity of the prosecution case. Petitioners claim clean antecedent.
5. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged 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 Additional Chief Judicial Magistrate-VI, Bettiah, West Champaran in connection with Bettiah Mahila P. S. Case No. 04 of 2024, subject to condition
Patna High Court CR. MISC. No.41847 of 2024(2) dt.16-07-2024 3/3 as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T