Santosh Sao @ Santosh Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52408 of 2018 Arising Out of PS.Case No. -343 Year- 2017 Thana -BIKRAM District- PATNA ======================================================

1. Santosh Sao @ Santosh Saw, Son of Lilku Sao @ Lilku Saw, Permanent resident of Village- Taripar, P.S.- Bikram, District- Patna and at present residing at Ward No.12, Amanala 4N, Dafai, P.S.- Haldibadi, DistrictKoriya, Chhatisgarh. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Niraj Kumar For the Opposite Party/s : Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 304(B)/120(B) of the Indian Penal Code. The allegation against the accused persons is of torture and causing death of the deceased on account of non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioners have been made accused in this case due to mistake of fact. The petitioner is Bhainsur of the deceased. He is separate in

Patna High Court Cr.Misc. No.52408 of 2018 (2) dt.10-09-2018 mess and property from husband of the deceased. The husband of the deceased in custody. The other co-accused namely, Sawita Devi & two others with similar allegation have been granted anticipatory bail by a coordinate bench of this court vide order dated 31-08-2017 passed in Cr. Misc. No. 25203 of 2018 & analogous case.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, 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 Additional Chief Judicial Magistrate-IV, Danapur, Patna in connection with Bikram P.S. Case No. 343 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V./- U T