Suresh Sah @ Suresh Sao And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45589 of 2018 Arising Out of PS.Case No. -1408 Year- 1999 Thana -BEGUSARAI COMPLAINT CASE DistrictBEGUSARAI ======================================================

1. Suresh Sah @ Suresh Sao, son of Ramautar Sah

2. Naresh Sah, son of Ramautar Sah Both residents of Village- Nagdha, P.S. Mufassil, District- Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Jitendra Sao, son of Ramsogarath Sah, resident of Village- Bihat Tola, Jalelpur, P.S. Barauni O.P. Fertilize, District- Begusarai. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sandip Kumar Gautam For the Opposite Party/s : Smt. Anusuiya Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 498(A), 304(B), 201/34 of the Indian Penal Code.

Allegation against the petitioners is of committing torture and caused death of the victim due to non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case due to mistake of fact. For the same offence, two cases were instituted; the first one is Police Case and the second

Patna High Court Cr.Misc. No.45589 of 2018 (2) dt.26-07-2018 one is Complaint Case. In the Police Case, after trial, petitioners have been acquitted. The persons who were convicted in the Police Case, preferred an appeal before the Hon'ble High Court. The order of conviction was set aside and the matter was remitted back for reconsideration as there was no compliance of Section210 of the Cr.P.C. and in the said circumstances, the process has been issued against the petitioners also along with other accused persons in the present Complaint Case.

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 Railway Judicial Magistrate, Barauni, Begusarai in connection with Complaint Case No. 1408C of 1999, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V./- U T