Dukhi Lal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3134 of 2023 Arising Out of PS. Case No.-262 Year-2022 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== 1.

Dukhi Lal Sah Son of Late Sukhdeo Sah Resident of Village and P.O.- Champapur, Puroshotipur, P.S.- Ramgarhwa, District - East Champaran. 2.

Supendra Sah Son of Dukhi Lal Sah Resident of Village and P.O.- Champapur, Puroshotipur, P.S.- Ramgarhwa, District - East Champaran. 3.

Dipendra Sah Son of Dukhi Lal Sah Resident of Village and P.O.- Champapur, Puroshotipur, P.S.- Ramgarhwa, District - East Champaran. ... ... Petitioners

Versus

1.

The State of Bihar 2.

Rina Devi Wife of Late Upendra Sah D/o Late Mohan Sah, At Present R/o Village - Birganj Laxmanwa, Ward No.- 15, P.S.- Birganj, District - Parsa (Nepal).

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

For the Petitioner/s :

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

Asha Devi, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-03-2023 Heard learned counsel for the petitioners and the State. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 498A/323 of the Indian Penal Code.

It is submitted on behalf of the petitioners that no specific overt act has been alleged against the petitioners who are in-laws of opposite party no.2. He submits that on account of property dispute between the parties, this false and concocted matrimonial case has been lodged. They are separate in mess and business and have no concern with the matrimonial

Patna High Court CR. MISC. No.3134 of 2023(2) dt.28-03-2023 2/2 dispute or the assets left by the deceased husband of opposite party no.2.

Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 1st class, Raxaul, East Champaran Motihari in Complaint Case No. 262 of 2022/Trial No.586 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T