Sitaram Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82922 of 2019 Arising Out of PS. Case No.-734 Year-2017 Thana- COMPLAINT CASE District- Araria ====================================================== 1.

SITARAM SAH Son of Late Motilal Sah Resident of Village-Hasanpur Ward no.16, P.S.-Raniganj, District-Araria.

2.

Ranju Devi Wife of Sitaram Sah Resident of Village-Hasanpur Ward no.16, P.S.-Raniganj, District-Araria.

3.

Chandani Kumari Daughter of Sitaram Sah Resident of Village-Hasanpur Ward no.16, P.S.-Raniganj, District-Araria.

4.

Sonu Kumar Son of Bindeshwari Sah Village-Barbanna, Ward No.10, P.S.- Raniganj, District-Araria.

5.

Dinesh Nayak Son of Late Nand Lal Nayak Village-Barbanna, Ward no.6, P.S.-Raniganj, District-Araria.

6.

Rakesh Sah @ Rakesh Kumar Son of Jageshwar Sah Resident of VillageSimraha, P.S.-Simraha, District-Araria. 7.

Anjani Devi Wife of Rakesh Sah Resident of Village-Simraha, P.S.-Simraha, District-Araria.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Lalita Devi Wife of Sudhakar Sah Resident of Village-Hasanpur Ward No.16, P.S.-Raniganj, District-Araria.

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

For the Petitioner/s :

Mr.Abhijeet Gautam For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 24-06-2020 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Complaint Case No. 734-C/2017, disclosing the offence under Sections 341, 342, 323, 354, 379, 504 of the Indian Penal Code.

Despite valid service of notice upon opposite

Patna High Court CR. MISC. No.82922 of 2019(3) dt.24-06-2020 2/3 party no. 2, she has not entered appearance. There are seven persons named in the complaint petition, wherein it has been alleged that they assaulted the complainant and outrage her modesty.

It is submitted on behalf of the petitioners that the present complaint petition is a counter-blast to earlier case lodged by petitioner no. 1 being Raniganj P.S. Case No. 72 of 2017 in which husband of the complainant and his family members are accused.

Be that as it may, considering the nature of allegation, a case for grant of anticipatory bail is made out. This application is allowed. Let the petitioners, abovenamed, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned J.M. 1st Class, Araria in Complaint Case No. 734-C/2017, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the Police/ Court, as the case may be, as and when required and in the event of failure on

Patna High Court CR. MISC. No.82922 of 2019(3) dt.24-06-2020 3/3 their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Rajesh/- U T