Mehi Lal Sah And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36419 of 2017 Arising Out of PS.Case No. -27 Year- 2011 Thana -GOVERNMENT OFFICIAL COMP. DistrictBHOJPUR ======================================================

1. Mehi Lal Sah son of Late Ram Ayodheya Sah

2. Tej Sah son of Mehi Lal Sah @ Mehilal

3. Umarwati Devi W/O Prabhu Sah

4. Manju Devi W/O Paras Nath Sah All resident of village- Kitapur, Police Station -Jagdishpur, DistrictBhojpur, Ara. .... .... Petitioner/s

Versus

State of Bihar & Anr.

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

For the Petitioner/s : Mr. Rajiva Ranjan For the P.H.C. : Mr. Satyabir Bharti ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-08-2017 Heard the parties.

The petitioners are apprehending their arrest in connection with Complaint Case No.27(0) of 2011 , registered for the offences punishable under Sections 181, 182, 193, 197, 199, 200, 202, 466 and 471 of the Indian Penal.

Allegation against the petitioner as per official complaint made by the Registrar of Civil Court, Ara is that the petitioners have suppressed material facts while filing bail application.

Submission of the learned counsel for the petitioner is that as the petitioners are illiterate persons and they were not acquainted with the technicalities of the procedures as such they filed bail application. Further submission is that petitioner no.1 is aged about 82 years.

Patna High Court Cr.Misc. No.36419 of 2017 (2) dt.10-08-2017 2/3 Heard learned A.P.P. and the learned counsel for the Civil Court also. They have opposed the prayer for bail on the ground that not only they have suppressed the fact but also the petitioners are appearing after a long time in this case. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant anticipatory bail to the petitioner, however, the petitioners are directed to surrender before the learned court below within a period of four weeks and make prayer for regular bail, who will consider all aspects of the matter as well as the fact that the petitioner No.1 (Mehi Lal Sah) is aged about 82 years old and petitioner no.3 (Umarawati Devi) and petitioner no.4 (Manju Devi) are ladies and taking sympathetic view of the matter he will pass appropriate order without being prejudiced by the order of this ourt.

So far prayer for bail of the petitioner no.2 (Teju Sah) is concerned, the learned court below will pass appropriate order after considering the materials available on the record. With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T

Patna High Court Cr.Misc. No.36419 of 2017 (2) dt.10-08-2017 3/3