Naresh Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70713 of 2021 Arising Out of PS. Case No.-217 Year-2021 Thana- PIPRAKOTHI District- East Champaran ====================================================== 1.
NARESH SAH Son of Bagar Sah Resident of village - Belwatiya, P.S.- Pipra Kothi, District - East Champaran.
2.
Shubham Kumar Son of Naresh Sah Resident of village - Belwatiya, P.S.- Pipra Kothi, District - East Champaran.
3.
Shivam Kumar Son of Naresh Sah Resident of village - Belwatiya, P.S.- Pipra Kothi, District - East Champaran.
4.
Pooja Kumari Daughter of Naresh Sah Resident of village - Belwatiya, P.S.- Pipra Kothi, District - East Champaran.
5.
Punea Devi @ Samita Devi Wife of Naresh Sah Resident of village - Belwatiya, P.S.- Pipra Kothi, District - East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar, Advocate For the Opposite Party/s :
Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-01-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State through virtual mode.
Learned Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.
Patna High Court CR. MISC. No.70713 of 2021(2) dt.12-01-2022 2/3 The petitioners are apprehending their arrest in connection with Pipra Kothi P.S. case No.217 of 2021 registered under Sections 341, 323, 498A, 379, 506, 34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.
Allegation against the petitioners is of committing torture upon the victim due to non-fulfilment of demand of dowry.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The petitioner No.1 is father-in-law, petitioner Nos.2 and 3 are brothers-in-law, petitioner No.4 is sister-in-law and petitioner No.5 is mother-in-law of the victim. The case is triable by the Magistrate. The petitioners have 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 State, it is submitted that the petitioners are named in the complaint case/F.I.R. It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail
Patna High Court CR. MISC. No.70713 of 2021(2) dt.12-01-2022 3/3 application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.
Considering the facts and circumstances, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned Vth Judicial Magistrate, East Champaran at Motihari in connection with Pipra Kothi P.S. case No.217 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.
Narendra/- (Sudhir Singh, J) U T