Rama Kishun Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60825 of 2019 Arising Out of PS. Case No.-109 Year-2019 Thana- KARAKAT DistrictRohtas ====================================================== 1.

RAMA KISHUN SAH Son of Ram Bilash Sah Resident of Village-Gorakh Parasi, P.S.-Karakat, District-Rohtas.

2.

Sonu Kumar Son of Awadhesh Sah Resident of Village-Gorakh Parasi, P.S.-Karakat, District-Rohtas.

3.

Chhotu Kumar Son of Awadhesh Sah Resident of Village-Gorakh Parasi, P.S.-Karakat, District-Rohtas.

4.

Jyoti Kumari Daughter of Awadhesh Sah Resident of Village-Gorakh Parasi, P.S.-Karakat, District-Rohtas.

5.

Ram Awadhesh Sah @ Awadhesh Sah Son of Ram Bilash Sah Resident of Village-Gorakh Parasi, P.S.-Karakat, District-Rohtas. 6.

Mala Devi Wife of Awadhesh Sah Resident of Village-Gorakh Parasi, P.S.- Karakat, District-Rohtas.

7.

Sunila Devi Wife of Ram Kishun Sah Resident of Village-Gorakh Parasi, P.S.-Karakat, District-Rohtas.

... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Nagendra Upadhyay, Advocate.

For the Opposite Party:

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 26-09-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 379, 504, 506/34 of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act registered in connection with Karakat P.S. Case No. 109 of 2019.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of enmity as the parties are gotiya. The accusation of snatching jewellery and cash is mere embellishment. The parties have since compromised the dispute

Patna High Court CR. MISC. No.60825 of 2019(2) dt.26-09-2019 2/2 amicably. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bikramganj, Rohtas in connection with Karakat P.S. Case No. 109 of 2019 subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors of each of the petitioners shall be their close relatives other than the petitioners herein. (ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner nos. 4, 6 and 7 shall be well represented in Court on each and every date during trial except as and when directed by the learned Court below and petitioner nos. 1, 2, 3 and 5 shall remain physically present in Court on each and every date, and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T