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Patna High CourtCR. MISC./84586/2019bail granted

Sheo Shankar Sah v. The State Of Bihar

2019-12-19Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84586 of 2019 Arising Out of PS. Case No.-161 Year-2018 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== 1.

Sheo Shankar Sah 2.

Vishwanath Sah Both Sons of Raj Kumar Sah @ Ram Kumar Sah @ Ram Kunwar Sah 3.

Raj Kumar Sah @ Ram Kumar Sah @ Ram Kunwar Sah Son of Late Sant Sah 4.

Bigani Devi @ Lakshmi Devi W/o Raj Kumar Sah @ Ram Kumar Sah @ Ram Kunwar Sah All Resident of Village - Kundwa Chainpur, P.S.- Kundwa Chainpur, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 19-12-2019 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. Petitioners are apprehending their arrest in Kundwa Chainpur P.S. Case no. 161/2018 registered under sections 498A, 323, 342, 313 and 308/34 of the IPC.

It is submitted by counsel for the petitioners that being brother-in-law, father-in-law and mother-in-law, petitioners have been implicated in this case only on the basis of general, omnibus and false allegation. Husband of the victim namely, Shivnath Kumar has been allowed anticipatory bail under order

Patna High Court CR. MISC. No.84586 of 2019(2) dt.19-12-2019 2/2 dated 03.09.2019 passed in Cr. Misc. no. 15335/2019. Learned A.P.P. opposes the prayer for bail.

Considering the aforesaid submissions, prayer for anticipatory bail is allowed.

In the event of arrest/ surrender within four weeks from the date of receipt of a copy of the order in the court below, petitioners shall be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate, Sikarahana, at Dhaka, East Champaran in Kundwa Chainpur P.S. Case no. 161/2018 subject to the condition under section 438(2) Cr.P.C and other conditions.

(1) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners.

(2) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

s.hassan/- (Madhuresh Prasad, J) U T