Surendar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42947 of 2015 Arising Out of PS.Case No. -66 Year- 2015 Thana -AKHODHIGOLA District- SASARAM (ROHTAS) ====================================================== Surendar Sah S/o Babulal Sah, resident of village - Ahiburanpur (Sidhauli), P.S. Akorhi Gola, District -Rohtas.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 18-12-2015 Heard learned counsel for the petitioner and learned Additional P.P. for the State.

The petitioner prays for anticipatory bail in a case under Sections 304 B/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

Learned counsel for the petitioner submits that even in the FIR the allegation regarding demand of motorcycle has been made against the husband and elder brother of the husband. It is further submitted that the deceased girl had died on account of diarrhoea and the petitioner has been falsely implicated without any specific allegation against him. It is also submitted that the petitioner is still managing his own affairs separately from his sons and is an old man aged about 65 years, who used to go house to house to sell ice-cream.

Learned counsel further points out that the husband of the

Patna High Court Cr.Misc. No.42947 of 2015 (3) dt.18-12-2015 deceased girl is languishing in jail.

Learned APP, on the other hand, submits that the witnesses have supported the statement made in the FIR. On a consideration of the facts and circumstances of the case, it is directed that the petitioner Surendar Sah, in the event of his arrest/surrender in the court below within a period of four weeks from today, shall be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each in connection with Akorhi Gola P.S.Case No. 66 of 2015 to the satisfaction of the Chief Judicial Magistrate, Rohtas at Sasaram, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ramesh Kumar Datta, J) spal/- U