Patna High Court - Orders
Shiv Shankar Sah @ Sheo Shankar Sah & Anr vs State Of Bihar & Anr on 7 March, 2018
Author: Sudhir Singh
Bench: Sudhir Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13239 of 2018
Arising Out of PS. Case No.-300 Year-2017 Thana- TEGHRA District- Begusarai
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1. Shiv Shankar Sah @ Sheo Shankar Sah, s/o- Late Lakshman Sah
2. Aman Devi @ Amal Devi, w/o- Shiv Shankar Sah @ Sheo Shankar Sah
Both resident of village Agapur, P.s.- Bachwara, District- Begusarai (Bihar).
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Chandani Kumari, w/o- Santosh Kumar at present residing at village
Salempur Titu, P.S.- Teghra, District- Begusarai(Bihar).
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Vinay Kumar Mishra
For the Opposite Party/s : SMT. ANUSUIYA JAISWAL
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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
2 07-03-2018Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Section 498A of the Indian Penal Code and ¾ of Dowry Prohibition Act.
Allegation against the petitioners is of committing torture upon the victim due to non-fulfilment of demand of dowry.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners are in-laws. They are separate in Patna High Court Cr.Misc. No.13239 of 2018(2) dt.07-03-2018 2/2 mess and property with the husband of the victim. They have falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The petitioners have relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.
On behalf of the State, it is submitted that the petitioners are named in the 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 Chief Judicial Magistrate, Begusarai in connection with Teghra P.S. Case No. 300 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Pankaj/-
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