Subhash Sah And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47114 of 2016 Arising Out of PS.Case No. -160 Year- 2016 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Subhash Sah Son of Late Kedar Prasad.
2. Heera Devi wife of Subhash Sah.
Both are the resident of Village Lala Chhapra ( Bairiya), Police Station- Keshariya, District- East Champaran. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Lalan Kumar Verma For the Opposite Party/s : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 05-12-2016 Heard Sri Lalan Kumar Verma, learned counsel for the petitioners and learned Addl. Public Prosecutor. Two petitioners, who are father-in-law and motherin-law of the deceased respectively , have prayed for grant of anticipatory bail in Kesariya P.S. Case No.160/2016 registered for the offence under Sections 341, 323, 498(A), 304(B) of the Indian Penal Code and Sections 3 / 4 of the Dowry Prohibition Act. It was submitted by learned counsel for the petitioners that petitioners have no concern with the alleged occurrence. He tried to persuade the Court that the husband of the deceased was residing separately.
In this case, earlier case diary was called for, which
Patna High Court Cr.Misc. No.47114 of 2016 (3) dt.05-12-2016 2/2 has been received.
Learned Addl. Public Prosecutor, after perusing and examining the case diary, submits that it is not a case for grant of anticipatory bail.
Besides hearing learned counsel for the parties, I have also perused the materials on record. After going through the same, the Court is of the opinion that it is not a case for grant of anticipatory bail. However, it is observed that if within six weeks from today, petitioners appear before the court below and make a prayer for regular bail, learned court below without being prejudiced with this order may examine the same and pass appropriate order in accordance with law preferably on the same day.
The petition stands disposed of.
(Rakesh Kumar, J) NKS/- U T