Amar Kumar Sah @ Amar Sah @ Amar Kumar And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13633 of 2018 Arising Out of PS. Case No.-33 Year-2017 Thana- MAHILA P.S. District- Sheohar ======================================================

1. Amar Kumar Sah @ Amar Sah @ Amar Kumar son of Bhikhari Sah

2. Bhikhari Sah son of late Ramautar Sah

3. Renu Devi @ Renu Kumari @ Devi wife of Amar Kumar Sah

4. Ramkumari Devi wife of Bhikhari Sah, all residents of village Sikta ward No.5, Police station Sikta, District West Champaran at Bettiah ... ... Petitioner/s

Versus

1. State Of Bihar

2. Kanchan Devi wife of Santosh Sah, daughter of Madan Prasad, resident of village Sikta ward No.5, Police Station Sikta, District West Champaran at Bettiah, at present resident of village Sheohar ward No.6, police station Sheohar, District Sheohar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raghunandan Kumar Singh For the Opposite Party/s :

SMT. VEENA KUMARI JAISWAL ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-03-2018 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, 323, 341, 504, 506, 379/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act. Allegation against the petitioners is of committing torture upon the victim due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioners 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

Patna High Court Cr.Misc. No.13633 of 2018(2) dt.08-03-2018 2/2 present case. The case is triable by the Magistrate. 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 F.I.R.

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) each with two sureties of the like amount each to the satisfaction of Shri Raj Kapoor, learned Judicial Magistrate, 1st class, Sheohar in connection with Sheohar Mahila P.S. case No.33 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Narendra/- (Sudhir Singh, J) U T