Mahesh Kumar Sah @ Mahesh Sah @ Mahesh Kr. Sahu And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27690 of 2018 Arising Out of PS.Case No. -597 Year- 2017 Thana -BEGUSARAI TOWN District- BEGUSARAI ======================================================
1. MAHESH KUMAR SAH @ MAHESH SAH @ MAHESH KR. SAHU, S/o Bauelal Sah @ Bauelal Sahu,
2. Sanjula Devi W/o Mahesh Kumar Sah @ Mahesh Sah @ Mahesh Kumar Sahu,
3. Awadhesh Kumar S/o Mahesh Kumar Sah @ Mahesh Sah @ Mahesh Kumar Sahu,
4. Bauelal Sah @ Bauelal Sahu S/o Akshya Lal Sah,
5. Pawan Sah @ Pawan Kr. Sah S/o Prabhu Sah, All resident of Vill.- Shankarpur Jhagrauwa, P.S.- Hasanpur, District- Samastipur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sada Nand Roy, Advocate For the Opposite Party/s : Mr. Pradeep Narain Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-05-2018 Heard the parties.
The petitioners, who are in-laws' family, seek anticipatory bail in connection with Town P.S. Case No. 597 of 2017, registered for offences punishable under Sections 304 (B) and 201/34 of the Indian Penal Code.
The petitioners are named in the F.I.R. It is alleged that all the accused persons including petitioners tortured and demanded the dowry and ultimately the daughter of the informant was killed and dead body was disposed of.
Submission of the learned counsel for the petitioners
Patna High Court Cr.Misc. No.27690 of 2018 (2) dt.15-05-2018 2/3 that no specific allegation has been attributed against the petitioners and they have been falsely implicated in this case and there is direct allegation against the husband of the deceased, who lives in Delhi.
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 petitioner, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of order, be released on bail on furnishing bail bond of Rs. 25,000/- ( Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Town P.S.Case No. 597 of 2017, subject to the condition that as laid down under Section 438 (2) of the Code of Criminal procedure.
With following conditions:- i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
ii) The petitioners will not induce any witness or tamper with the evidence.
Patna High Court Cr.Misc. No.27690 of 2018 (2) dt.15-05-2018 3/3 iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond.
(Vinod Kumar Sinha, J) Sudha/- U T