Dilip Sah & Ors vs State Of Bihar & Anr on 6 July, 2018

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Patna High Court - Orders

Dilip Sah & Ors vs State Of Bihar & Anr on 6 July, 2018

Bench: Dinesh Kumar Singh

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Criminal Miscellaneous No.37921 of 2018
                  Arising Out of PS. Case No.-553 Year-2016 Thana- DARBHANGA COMPLAINT CASE
                                                   District- Darbhanga
               ======================================================
            1. Dilip Sah, S/o Late Sikandar Sah, R/o Vill.- Bariaul, P.S.-
               Kamtaul, District- Darbhanga.
            2. Jagarnath Sah S/o Bikau Sah, R/o Vill.- Bariaul, PS.- Kamtaul,
               District- Darbhanga.
            3. Meera Devi W/o Jagarnath Sah, R/o Vill.- Bariaul, P.S.-
               Kamtaul, District- Darbhanga.
            4. Digambar Sah S/o Jagarnath Sah, R/o Vill.- Bariaul, P.S.-
               Kamataul, District Darbhanga.
            5. Radha Devi W/o Dilip Sah, R/o Vill.- Bariaul, PS.- kamtaul,
               District- Darbhanga.
            6. Parbhu Mishra @ Prabhu Narayan Mishra, S/o Wakil Mishra,
               R/o Vill.- Ketuka, P.S.- Sadar (Mabbi O.P.), District- Darbhanga.
            7. Vakil Mishra S/o Suraj Mishra, R/o Vill.- Ketuka, P.S.- Sadar
               Mabbi O.P.), District- Darbhanga.
            8. Dasarath Sah S/o Ram Bilas Sah, R/o Vill.- Bhatra, P.S.- Visfi,
               District- Madhubani.
            9. Saraswati Devi @ Sharda Devi W/o Dashrath Sah, R/o Vill.-
               Ghat Bhatra, P.S.- Visfi, District- Madhubani.
            10. Sunita Devi W/o Dilip Sah, R/o vill.- Jalwara, P.S.- Keuti,
               District- Darbhanga.

                                                                           ... ... Petitioner/s
                                                Versus
            1. The State of Bihar.
            2. Sunita Devi D/o Late Sikandar Sah, R/o Vill.- Baryoal, P.S.- Kamtaul, Distt.-
               Darbhanga.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Vasudeo Ram
                 For the Opposite Party/s :    Mr. Akhileshwar Dayal
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
                                       ORAL ORDER

2   06-07-2018

Heard learned counsels for the petitioners and State.

The petitioners are apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 302/34, 201 and 120(B) of the IPC. Patna High Court Cr.Misc. No.37921 of 2018(2) dt.06-07-2018 2/2 It is a peculiar case where wife of the deceased has lodged a complaint levelling accusation against the petitioners who are son, daughter-in-law, brother, sisters, neighbours and brother-in-law of the deceased and complainant.

It is submitted by Mr. Jagarnath Singh, learned counsel for the petitioners that during inquiry, the learned C.J.M. called for a report from the police and police submitted a report that false case was lodged as the husband of the complainant died since he was suffering from Paralysis and the complainant was not taking care of him.

Issue notice to Opposite Party No.2 by ordinary process as well as by registered cover with A/D for which requisites must be filed within a period of two weeks, failing which this application shall stand rejected without further reference to the Bench.

In the meantime, let no coercive steps be taken against the petitioners in connection with Complaint Case No.553 of 2016, pending in the Court of learned ACJM-IVth, Darbhanga.

(Dinesh Kumar Singh, J) DKS/-

U       T

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Patna High Court - Orders