Balister Sah And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75959 of 2018 Arising Out of PS. Case No.-1183 Year-2018 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ======================================================

1. Balister Sah and Ors son of Bechu Sah

2. Bechu Sah son of Bunilal Sah

3. Kanti Devi wife of Bechu Sah

4. Suga Sah son of Bechu Sah

5. Gobinda Sah son of Bechu Sah All are Resident of Village- Lahladpur, P.S. Manjhagarh, District- Gopalganj.

... ... Petitioner/s

Versus

1. State Of Bihar and Anr

2. Kiran Devi wife of Balister Sah Resident of Village- Lahladpur, P.S. Manjhagarh, District- Gopalganj, presently residing At C/o- Dukhi Sah, Resident of Village- Jagarnatha, P.S. Uchkagaon, District- Gopalganj. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Pawan Kumar Chaurasiya, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-01-2019 Heard the parties.

The petitioners seek anticipatory bail in connection with Complaint Case No. 1183/2018, Trial No. 2459 of 2018, registered for offences punishable under Sections 498A of the Indian Penal Code.

As per F.I.R., allegation against the petitioners, who happens to be the husband and other in-laws, is of torturing the complainant with cruelty due to non fulfillment of demand of dowry.

Patna High Court Cr.Misc. No.75959 of 2018(3) dt.25-01-2019 2/3 Submission of the learned counsel for the petitioners is that the marriage was solemnized in the year 2018 and petitioners have falsely been implicated and they are ready to keep the complainant with full dignity but the statement of complainant on solemn affirmation clearly shows that the complainant does not want to live at her matrimonial home and the petitioners and the petitioners have clean antecedent. Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioners, above named, in the event of their arrest or surrender, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand)each with two sureties of the like amount each in connection with Complaint Case No. 2459 of 2018, to the satisfaction of learned A.C.J.M.-IX, Gopalganj, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(Vinod Kumar Sinha, J) sudha/- U T

Patna High Court Cr.Misc. No.75959 of 2018(3) dt.25-01-2019 3/3