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Patna High CourtCR. MISC./4277/2019allowed

Lagina Khatoon And ORS v. The State Of Bihar

2019-01-28Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4277 of 2019 Arising Out of PS. Case No.-101 Year-2018 Thana- KASBA District- Purnia ======================================================

1. Lagina Khatoon W/o Md. Salim Resident of Village-Fatehpur, P.S.-Kasba, Distt.-Purnea

2. Md. Salim S/o Md. Hanif Shah Resident of Village-Fatehpur, P.S.-Kasba, Distt.-Purnea

3. Sakil S/o Md. Salim Resident of Village-Fatehpur, P.S.-Kasba, Distt.-Purnea

4. Md. Laddu S/o Md. Salim Resident of Village-Fatehpur, P.S.-Kasba, Distt.- Purnea ... ... Petitioners

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Hussain For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-01-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Kasba P.S. Case No. 101 of 2018 for the offence under Sections 341, 323, 498(A), and 313/34 of the Indian Penal Code. Petitioners No. 1 and 2 are mother-in-law and the father-in-law of the informant whereas petitioners no. 3 and 4 are the brothers of the husband of the informant. There is general and omnibus allegation of assault made by all the accused persons with fists and slaps. It has been alleged that torture meted out by the accused persons has resulted into miscarriage and the informant delivered a dead child on 04.05.2018.

Patna High Court Cr.Misc. No.4277 of 2019(2) dt.28-01-2019 2/2 On perusal of the First Information Report, I find that allegation is not specific against these petitioners. Considering the general nature of allegation, this application is allowed.

Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Purnea in Kasba P.S. Case No. 101 of 2018, subject to the conditions 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 their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Pawan/- U T