Lalbabu Sah And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13560 of 2017 Arising Out of PS. Case No.-111 Year-2015 Thana- COMPLAINT CASE District- Sheohar ====================================================== 1.

Lalbabu Sah, Son of Late Jagan Sah, 2.

Lila Devi, Wife of Lalbabu Sah, Both Resident of VillageSumahuti, P.S. Tariyani, District- Sheohar. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Lalita Devi, Wife of Raju Sah, Resident of Village- Sumahuti, P.S. Tariyani, District- Sheohar, presently D/O Mahesh Sah, Resident of Village- Hirauta, P.S. Tariyani, District- Sheohar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Devendra Kumar, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-09-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 498A, 376, 511 of the Indian Penal Code.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The petitioner No.1 is the father-in-law and

Patna High Court Cr.Misc. No.13560 of 2017(6) dt.15-09-2017 2/2 petitioner No.2 is the mother-in-law of the victim. The matter has already been compromised vide Annexure-2 to the present application. The petitioners have relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State, it is submitted that the petitioners are named in the complaint case.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheohar in connection with Complaint case No. C-1/111 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T