Patna High CourtCR. MISC./12007/2021bail granted

Abdul Salam v. The State Of Bihar

2021-12-24Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12007 of 2021 Arising Out of PS. Case No.-165 Year-2019 Thana- BATHNAHA District- Sitamarhi ====================================================== 1.

ABDUL SALAM Son of Md. Ayoob, Resident of Village- Harpur Bhulha Tole Bhvanipur, P.S.- Bathnaha, Distt- Sitamarhi. 2.

Jannati Khatoon W/o Abdul Slam, Resident of Village- Harpur Bhulha Tole Bhvanipur, P.S.- Bathnaha, Distt- Sitamarhi.

... ... Petitioner/s

Versus

THE STATE OF BIHAR.

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

For the Petitioner/s :

Mr. Raja Ram Rai For the Opposite Party/s :

Mr. Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-12-2021 Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State. The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month.

The petitioners apprehend their arrest in connection with Bathnaha P.S. Case No. 165 of 2019 registered for offence punishable under sections 323/376 of the Indian Penal Code. The learned counsel for the petitioners has submitted that the allegation of rape with the complainant is not against the petitioners, rather it is against the co-accused, Md. Sahabuddin. Petitioners are parents of Md. Sahabuddin and the

Patna High Court CR. MISC. No.12007 of 2021(2) dt.24-12-2021 2/2 only allegation against them is that they refused the marriage between Md. Sahabuddin and the complainant.

Considering the facts and circumstance of the case, the petitioners above named, in the event of their arrest or surrender, within four weeks from today, are directed to 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 learned Chief Judicial Magistrate, Sitamarhi in connection with Bathnaha P.S. Case No. 165 of 2019, subject to condition as laid down under section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey , J) Mahesh/- U T