Bishwanath Sah @ Vishwanath Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56797 of 2024 Arising Out of PS. Case No.-5 Year-2024 Thana- MAHILA PS District- East Champaran ====================================================== Bishwanath Sah @ Vishwanath Sah S/o Etbar Sah @ Aitbar Sah R/o vill - Banjariya, Ward No. 6, P.S. - Banjariya, Distt. - East Champaran at Motihari ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashank Shekhar, Advocate For the Opposite Party/s :
Ms. Sharda Kumari, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-08-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 376, 420, 406 and 504/34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a senior citizen aged about 64 years.
4. The informant alleges that Sudhir Sah concealing his first marriage, established physical relation with the informant on pretext of marriage and from the relationship a child was born. It is further alleged that when informant came to know about the first marriage of Sudhir Sah she confronted him on which he assaulted her. It is next alleged that Sudhir Sah and his father (petitioner) on pretext of marriage had taken Rs.3 lakhs and ornaments worth Rs.7 lakhs and thereafter she was ousted.
Patna High Court CR. MISC. No.56797 of 2024(2) dt.22-08-2024 2/2
5. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant with general and omnibus allegation being father of Sudhir Sah. It is further submitted that thrust of the allegation is against Sudhir Sah and his father has been implicated in the case only to coerce Sudhir Sah into submission.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
7. Considering the submissions made by the learned counsel for the petitioner, let the petitioner above-named, in the event of his 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Mahila P.S. Case No. 05 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T