Patna High CourtCR. MISC./30614/2016disposed

Sahdeo Sah And ANR v. The State Of Bihar

2016-10-22Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 30614 of 2016 Arising Out of PS.Case No. -122 Year- 2014 Thana -DARPA District- EAST CHAMPARAN (MOTIHARI) ===========================================================

1. Sahdeo Sah, Son of Late Laxmi Sah.

2. Saraswati Devi wife of Sahdeo Sah.

Both residents of Village- Siswaniya, P.S.- Darpa, District- East Champaran, Presently residing at Village- Satpipra, P.S.-Ramgarhwa, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binay Kant Mani Tripathi, Advocate For the State :

Mr. Dr. Kumar Uday Pratap, A.P.P.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 22-10-2016 Heard learned counsel for the parties.

The petitioners apprehend arrest in connection with Darpa P.S. Case No. 122 of 2014 dated 21.12.2014 instituted under Sections 304B/34 of the Indian Penal Code to which later on Section 302 was added.

Learned counsel for the petitioners submits that the application with regard to petitioner no. 1 has become infructuous since he was arrested by the police and also granted bail by the Court below. After some arguments, he seeks permission to withdraw the application with regard to petitioner no. 2, with liberty to surrender before the Court below in view of the fact that the petitioner no. 1,

Patna High Court Cr.Misc. No.30614 of 2016 dt.22-10-2016 2/2 being the husband of petitioner no. 2, has been granted regular bail by the Court below itself.

Learned A.P.P. does not oppose.

Accordingly, the application with regard to petitioner no. 2 stands disposed off as withdrawn with the liberty aforesaid. In the event the petitioner no. 2 surrenders before the Court below within one month from today and seeks regular bail, the same shall be considered on its own merits, in accordance with law, without being prejudiced by the present order, preferably on the same day.

(Ahsanuddin Amanullah, J.) P. Kumar U T