Maujey Sah And ANR. v. The State Of Bihar
Patna High Court Cr.Misc. No.43239 of 2014 (7) dt.14-10-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43239 of 2014 Arising Out of PS.Case No. -45 Year- 2014 Thana -PARSAUNI District- SITAMARHI ======================================================
1. Maujey Sah Son of Late Sakaldeo Sah
2. Sunaina Devi Wife of Mauje Sah Both Resident of Village - Parsauni Mailbar, P.S. - Parsauni, District - Sitamarhi .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ritesh Kumar Narain Singh For the Opposite Party/s : Mr. Subhash Chandra Mishra (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 14-10-2015 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioners being the father-in-law and mother-inlaw are apprehending their arrest in connection with Parsauni P.S. Case No. 45 of 2014 registered for the offences punishable under Sections 304(B), 201/34 the Indian Penal Code. Learned counsel for the petitioners submits that the entire family has falsely been roped in this case and the husband is already in custody. It is further submitted that the lady, in question, could not have any role to play in the aforesaid offence and there is a few evidence against petitioner no. 1 (father-in-law). On perusal of the case diary, learned counsel for the state points out certain paragraphs, which go to show that dead body of the deceased was found kept in a gunny bag near the
Patna High Court Cr.Misc. No.43239 of 2014 (7) dt.14-10-2015 railway track.
Considering the aforesaid submissions, I am not inclined to grant anticipatory bail to the petitioner no. 1, namely, Maujey Sah. Accordingly, the same is rejected. So far as the petitioner no. 2 is concerned, keeping in view the fact that she is old lady, let the petitioner no. 2, namely, Sunaina Devi, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Sitamarhi in connection with Parsauni P.S. Case No. 45 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.. (Anjana Mishra, J) Jagdish/- U T