Heera Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50726 of 2017 Arising Out of PS.Case No. -202 Year- 2017 Thana -BASANTPUR District- SIWAN ====================================================

1. Heera Sah, son of late Mangal Sah.

2. Nikesh Sah @ Nitesh Kumar, son of Ramesh Sah.

3. Sangeeta Devi, wife of Heera Sah.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Dhananjay Kumar Tiwary, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary 1, APP ==================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

18-10-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners, in the present, case, are seeking Anticipatory Bail in connection with Basantipur P.S. Case No. 202/2017 for the offences under Sections 323, 324, 379, 307 and 34 of the Indian Penal Code pending in the court of learned Chief Judicial Magistrate, Siwan.

Learned counsel for the petitioners submits that so far as the allegation of causing injury on the body of the informant is concerned, the same was caused by

Patna High Court Cr.Misc. No.50726 of 2017 (2) dt.18-10-2017 accused Ramesh Sah who is not the petitioner in the present case. These petitioners are the family members and they have been brought within the purview of the case of false accusation. There is no specific allegation of assault against these petitioners. The allegation against petitioner no. 3 is that she took out the Mangal Sutra worth Rs. 12,000- from the informant which is palpably false.

Learned Additional Public Prosecutor for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submission that these petitioners have not caused any injury to the informant and there are general allegation of assault and in the impugned order no serious injury has been indicated on the body of any other person as alleged by the informant and, petitioners have no criminal antecedent, In the event of their arrest/surrender before the court below within a period of four weeks, let the petitioners above-named be enlarged on bail on furnishing bail bond of Rs. 10,000/-

Patna High Court Cr.Misc. No.50726 of 2017 (2) dt.18-10-2017 (Rupees Ten Thousand only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan, in connection with Basantpur P.S. Case No. 202/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Rajeev Ranjan Prasad, J.) Rajeev/- U T