Lal Mohan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46326 of 2019 Arising Out of PS. Case No.-217 Year-2019 Thana- SONEPUR District- Saran ====================================================== 1.

LAL MOHAN SAH Son of Late Baijnath Sah Resident of Village- Pahaleja, P.S. Sonepur (Pahaleja O.P.), District- Saran at Chapra. 2.

Sunita Devi Wife of Lal Mohan Sah Resident of Village- Pahaleja, P.S. Sonepur (Pahaleja O.P.), District- Saran at Chapra. 3.

Raju Kumar Sah @ Raju Sah Son of Mohan Sah Resident of VillagePahaleja, P.S. Sonepur (Pahaleja O.P.), District- Saran at Chapra. 4.

Priyanka Devi Wife of Raju Sah Resident of Village- Pahaleja, P.S. Sonepur (Pahaleja O.P.), District- Saran at Chapra.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Madhuri Devi @ @ Madhuri Kumari Wife of Vikki Kumar Sah Resident of Village- Pahaleja, P.S.- Sonepur (Pahaleja O.P.), District- Saran at Chapra, at present residing at D/o Late Brishan Sah, Village- Kharika, P.S.- Sonepur (Pahaleja O.P.), District- Saran at Chapra.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Udai Shankar Singh For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-07-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Sonepur P.S. Case No. 217 of 2019, disclosing the offence under Sections 323, 498-A, 307, 406, 504/34 of the Indian Penal Code.

Petitioner no. 1 is father-in-law, petitioner no. 2 is mother-in-law, petitioner no. 3 is elder brother of the husband of the informant whereas petitioner no. 4 is wife of petitioner no. 3. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.46326 of 2019(2) dt.26-07-2019 2/2 petitioners contends that implication of these petitioners is primarily because of matrimonial dispute between the husband of the informant and the informant. The FIR has been registered under Section 156(3) of the Cr.P.C. on the basis of a complaint petition.

Considering the facts and circumstances, this application is allowed. Let the petitioners, above-named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned ACJM-1st, Saran at Chapra in Sonepur P.S. Case No. 217 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/ Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Rajesh/- U T