Patna High CourtCR. MISC./72492/2018bail granted

Kapildeo Sah And ANR v. The State Of Bihar

2018-12-05Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72492 of 2018 Arising Out of PS. Case No.-235 Year-2016 Thana- MAJHAULIA District- West Champaran ======================================================

1. Kapildeo Sah, son of Late Paras Sah

2. Mantesari Devi, wife of Kapildeo Sah Both residents of village Ahwar Sheikh, P.S.- Majhaulia, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Khatim Reza For the Opposite Party/s :

Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-12-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 304B, 201 and 34 of the Indian Penal Code.

Allegation against the petitioners is of committing torture and thereafter caused death of the victim due to nonfulfilment 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 present case. Petitioner nos. 1 and 2 are father-in-law and

Patna High Court Cr.Misc. No.72492 of 2018(2) dt.05-12-2018 2/2 mother-in-law respectively of the victim. They are separate in mess and property from the husband of the decesed. They have got no concerned with the alleged occurrence. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/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 learned Chief Judicial Magistrate, West Champaran at Bettiah in connection with Majhaulia P.S. Case No. 235 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T