Bhuali Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70491 of 2019 Arising Out of PS. Case No.-129 Year-2014 Thana- SIDHWALIYA District- Gopalganj ====================================================== Bhuali Sah, Son of Late Bishuni Sah @ Bishun Sah, Resident of VillageHalwar, Pipra, P.S- Sidhwalia, District- Gopalganj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Indrajeet Bhushan, Advocate For the Opposite Party/s :
Mr. Satyavrat Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-12-2019 This is an application for grant of anticipatory bail in connection with Sidhwalia P. S. Case No. 129 of 2014, disclosing offences under Sections 328, 306, 376, 34 of IPC. As per F.I.R. the marriage of the sister of informant was fixed with co-accused Anil Kumar Sah and on that plea, he has physical relationship with the sister of the informant also, but later on, he refused to marry her, due to that, she has taken poison and died. So far this petitioner is concerned, there is allegation against him that at the time of seeing the girl, petitioner was also present.
Submission of the learned counsel for the petitioner is that except that he was present at the initial stage, there is absolutely nothing against him. He was not named in the F.I.R., later on, his name transpired during the investigation and now
Patna High Court CR. MISC. No.70491 of 2019(4) dt.02-12-2019 2/2 he has been made accused in this case and warrant has already been issued against him.
Heard learned A.P.P. also.
Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, surrender before the court below within a period of three weeks from the date of receipt of certified copy of this order, on surrender, he will be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned A.C.J.M.-VI, Gopalganj, in connection with Sidhwalia P. S. Case No. 129 of 2014, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure with condition to co-operate in disposal of the trial. (Vinod Kumar Sinha, J) Sunil Shukla/- U T