Kailash Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63241 of 2021 Arising Out of PS. Case No.-232 Year-2020 Thana- BASOPATTI District- Madhubani ====================================================== 1.

KAILASH SAH Son of Late Chalitar Sah Resident of Village - Man Mohan, P.S. - Basopatti, District - Madhubani.

2.

SHIV KUMARI DEVI Wife of Kailash Sah Resident of Village - Man Mohan, P.S. - Basopatti, District - Madhubani. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ratanakar Jha For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 20-07-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 354(B), 379, 420 and 504/34 of the Indian Penal Code, registered in connection with Basopatti P.S.case No. 232 of 2020.

The informant Sita Devi is mother of petitioner no.1. As per allegation, petitioner no.1 got a sale deed executed in his name from the informant on false pretext that he would

Patna High Court CR. MISC. No.63241 of 2021(2) dt.20-07-2022 2/3 maintain the informant during her lifetime and he will bear the entire expenses incurred on her. He also took Rs. 2,50,000/- from the informant and thereafter he deserted his mother. He even deprived her from her meal. When the informant went to collect her ornaments, the petitioners assaulted her and snatched her ornaments and ousted her from her house and thereafter the house was locked.

The learned counsel for the petitioners has submitted that petitioners are innocent and have falsely been implicated at the instance of other sons of the informant. He has submitted further that for the same day occurrence, petitioner no.2 Shiv Kumari Devi, the wife of petitioner no.1, lodged a case against the son and other family members of the informant. Petitioner no.1 being the son snatched the belongings of her mother who is informant and also ousted her from the house, he does not deserved the privilege of anticipatory bail. His prayer for anticipatory bail is hereby rejected. So far as petitioner no.2 is concerned, let her abovenamed, in the event of her arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Sri

Patna High Court CR. MISC. No.63241 of 2021(2) dt.20-07-2022 3/3 Raushan Kumar Chhatopauliaya, Judicial Magistrate 1st Class, Madhubani in connection with Basopatti P.S. case No. 232 of 2020, G.R.No. 1932 of 2020, subject to the conditions as laid down under Section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioners within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T