Bhikhan Sah And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12772 of 2018 Arising Out of PS.Case No. -2196 Year- 2016 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ======================================================

1. Bhikhan Sah, S/o Dangar Sah,

2. Dangar Sah, S/o Late Prabhu Sah,

3. Sumitra Devi, W/o Dangar Sah,

4. Goraki Devi, D/o Dangar Sah,

5. Shiv Shankar Sah, S/o Dangar Sah, All resident of Village- Jahangirpur Sham, P.S.- Deshari, Dist- Vaishali.

.... .... Petitioners

Versus

1. The State of Bihar.

2. Rupa Devi, D/o Machhu Sah, W/o Bhikhan Sah, resident of VillageJahangirpur Sham, P.S.- Deshari, Dist- Vaishali. at present residing at Paharpur, Bishunpur, Thana- Mahnar, Dist- Vaishali. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Uday Pratap Singh, Advocate. For the State : Mr. Shailendra Kumar -1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-03-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 323, 498(A), 406 and 313 of the IPC and 3⁄4 of the D.P. Act.

The prosecution story, in brief, is that the accused persons including the petitioners tortured the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged

Patna High Court Cr.Misc. No.12772 of 2018 (2) dt.07-03-2018 2/2 against the petitioners. The petitioners have falsely been implicated in the present case due to petty family dispute. The petitioner no. 1 is the husband of the victim and petitioner nos. 2 to 5 are in-laws 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 learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or 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 the learned J.M. Ist Class, Vaishali at Hajipur, in connection with Complaint Case No. 2196 (C) of 2016, giving rise to Trial No. 3596 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T