Brahmanand Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49612 of 2016 Arising Out of PS.Case No. -229 Year- 2016 Thana -VAISHALI District- VAISHALI(HAJIPUR) ======================================================

1. Brahmanand Sah Late Raghunath Sah

2. Girija Devi @ Girja Devi w/o Brahmanand Sah

3. Mamta Devi

4. Geeta Devi Both Daughters of Brahmanand Sah Village- Vaishali (south Tola), Plice Station and District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dharmesh Kumar For the Opposite Party/s : Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-12-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Vaishali P.S. Case No. 229 of 2016, disclosing offences under Sections 364, 366 and 366A of the Indian Penal Code. It has been submitted by learned counsel for the petitioners that petitioners have falsely been implicated in this case rather the victim girl got married with the son of petitioner No.1 and other petitioners have no concern with the boy. It has also been submitted on behalf of the petitioners that petitioner no.2 is handicapped lady and petitioner nos.3 and 4 are married sisters of the boy and they have no concern with the instant case.

Patna High Court Cr.Misc. No.49612 of 2016 (2) dt.14-12-2016 Heard learned APP appearing for the State who could not controvert this fact.

Having heard both sides and considering the facts and circumstances of the case, this application is allowed. Let the petitioner nos. 2, 3 and 4, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Vaishali P.S. Case No. 229 of 2016, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and further that the petitioners will cooperate with the investigation of the case. So far as petitioner no.1 is concerned, his prayer for anticipatory bail is rejected. He is directed to surrender before the court below and seek regular bail.

(Vinod Kumar Sinha, J) A.I./- U T