Mohan Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50508 of 2015 Arising Out of PS.Case No. -95 Year- 2015 Thana -PATAHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Mohan Sah

2. Jay Niwash Sah Both are sons of late Ramachar Sah, residents of village- Ram Nagra, P.S.- Majorganj, District- Sitamarhi, presently residing at villageKhansyun, P.O.- Khansyu, District- Nainital (Uttrakhand)

3. Ram Nath Sah, S/o Ram Sagar Sah

4. Shishya Kumari Devi, W/o Ram Nath Sah Both are resident of village- Jafarpur, P.S.- Belsand, District- Sitamarhi, presently residing at village- Bhowali, P.S.- Bhowali, District- Nainital (Uttrakhand)

5. Namo Narayan Sah, S/o Vishundeo Sah

6. Fulena Devi, W/o Namo Narayan Sah Both are residents of village- Malkonia, P.S.- Pachpakri, District- East Champaran

7. Nagina Devi, W/o Late Ramachar Sah, resident of village- Ramnagra, P.S.- Majorganj, District- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajeev Kumar Sinha, Advocate For the Opposite Party/s : Mr. Ahmad Ali(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-11-2015 Heard learned counsel for the petitioners and the State.

The petitioners being the brothers, sister, brotherin-law and mother of the husband of the informant are apprehending their arrest in a case registered for the offences punishable under Sections 498A, 307, 328 of the Indian Penal Code, 27 of the Arms Act and 3/4 of the Dowry Prohibition Act. Accusation is of inflicting torture after about 20

Patna High Court Cr.Misc. No.50508 of 2015 (2) dt.02-11-2015 years of marriage and making attempt to administer poison to the informant.

It is submitted by the learned counsel for the petitioners that petitioners claim to be separate from the husband of the informant and accusation is omnibus and general.

Considering the aforesaid facts, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sikrahna at Sitamarhi in connection with Patahi P.S. Case No. 95 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Dinesh Kumar Singh, J) P.K./- U T