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Patna High CourtCR. MISC./33752/2017bail granted

Parsuram Sah @ Ajadi Sah And ORS v. State Of Bihar And ANR

2017-07-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33752 of 2017 Arising Out of PS.Case No. -34 Year- 2017 Thana -MAHILA P.S. District- SAHARSA ======================================================

1. Parsuram Sah @ Ajadi Sah Son of Darogi Sah

2. Uday Sah Son of Parsuram Sah @ Ajadi Sah

3. Akaliya Devi Wife of Parsuram Sah @ Ajadi Sah

4. Sanjul Devi @ Sanju Devi, Wife of Uday Sah All are Resident of Village- Bhatpura Ward No. 4, Police Station- Bakhtiyarpur, DistrictSaharsa. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Runa Devi, Wife of Madan Sah Daughter of Gango Sah, Resident of Village- Bhatpura Ward No. 4, Police Station- Bakhtiyarpur, DistrictSaharsa. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satish Kumar Singh, Advocate For the Opposite Party/s : Smt. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-07-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 498(A), 323, 379/34 of the Indian Penal Code.

Allegation against the petitioners is of committing torture upon the victim.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The case is triable by the Magistrate. The petitioner

Patna High Court Cr.Misc. No.33752 of 2017 (2) dt.20-07-2017 2/2 No.1 is the father-in-law, petitioner No.2 is the brother-in-law, petitioner No.3 is the mother-in-law and petitioner No.4 is the sister-in-law of the victim respectively. They are separate in mess and property from the husband of the victim. The petitioners have further relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri M. Kumar, Judicial Magistrate, Saharsa in connection with Mahila P.S. case No.34 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T