Mahendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35412 of 2019 Arising Out of PS. Case No.-938 Year-2018 Thana- AHIYAPUR District- Muzaffarpur ====================================================== 1.

MAHENDRA SAH Son of Late Bhikhar Sah Resident of VillageLahaladpur Ward No.3, P.S-Rajepur, District-East Champaran. 2.

Indu Devi Wife of Mahendra Sah Resident of Village-Lahaladpur Ward No.3, P.S-Rajepur, District-East Champaran.

3.

Suraj Kumar Son of Mahendra Sah Resident of Village-Lahaladpur Ward No.3, P.S-Rajepur, District-East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ganesh Prasad Singh For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-05-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code.

The prosecution case in brief is that the daughter of the informant, namely, Kishan Devi was married with coaccused Dilip Sah in 2012 who is residing at Muzaffarpur. On 03.09.2018, in the morning, a rumour was floated that the

Patna High Court CR. MISC. No.35412 of 2019(2) dt.30-05-2019 2/3 daughter of the informant has been killed and her dead body has been disposed of.

The contention of the petitioners is that the petitioner no.1 is father-in-law, petitioner no.2 is mother-in-law and petitioner no.3 is Dewar of the deceased. It is further submitted that there is general and omnibus allegation against them and petitioners have got no criminal antecedent. It is further submitted that similarly situated co-accused persons have been granted anticipatory bail by this Court in Cr.Misc.No.21203 of 2019 vide order dated 12.04.2019.

Considering the facts aforesaid, let the petitioners above named, in the event of their arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur/successor Court in connection with Ahiyapur P.S.Case No.938 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bonds

Patna High Court CR. MISC. No.35412 of 2019(2) dt.30-05-2019 3/3 of the petitioners.

(Prabhat Kumar Singh, J) B.Kr./- U T