Motilal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62889 of 2017 Arising Out of PS.Case No. -169 Year- 2017 Thana -PAHARPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Motilal Sah S/o Late Mangal Sah, R/o Village- Amawa, P.S.- Paharpur, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Pandey For the Opposite Party/s : Mr. Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-01-2018 Heard the learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks anticipatory bail in connection with Paharpur PS case no. 169 of 2017 registered for the offences punishable under Section 304B/120(B)/34 of the Indian Penal Code and section 3⁄4 of D.P. Act.

The allegation against the petitioner and other accused persons is regarding harassing the victim girl and thereafter killing her on account of non-fulfillment of demand of dowry. The learned counsel for the petitioner submits that the husband of the victim girl has already surrendered in the court below, hence no prejudice will be caused to the prosecution in case the petitioner is enlarged on anticipatory bail. It is

Patna High Court Cr.Misc. No.62889 of 2017 (2) dt.11-01-2018 2/2 submitted that the petitioner has a clean antecedent. Having regard to the facts and circumstances of the case more particularly the fact that the husband is in jail custody, I deem it fit and proper to enlarge the petitioner on anticipatory bail. Accordingly, in the event of arrest or surrender within six weeks before the concerned court, the petitioner above named is directed to be released on anticipatory bail on furnishing bonds of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Motihari in connection with Paharpur PS case no. 169 of 2017, subject to the conditions laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) BTiwary/- U T