Shamim And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7844 of 2016 Arising Out of PS.Case No. -55 Year- 2015 Thana -MAHILA P.S. District- KISANGANJ ======================================================

1. Shamim, S/o Azad

2. Saddam @ Md. Saddam Hussain, S/o Azad

3. Azad, S/o Late Safdar

4. Minhaz @ Minaj, S/o Salmu

5. Salmu @ Salimuddin, S/o Late Bachcha Miyan

6. Hafize @ Shashad @ Hafiz, S/o Azad. All are residents of VillageChakamari, PS- Thakurganj, District- Kishanganj.

7. Khuddus @ Md. Khuddus @ Kuddus, S/o Late Rahimuddin, resident of Village- Langraduba, P.S.- Galgalia, District- Kishanganj. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Diwakar Sinha, Advocate For the Opposite Party/s : Mr. Pronati Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-05-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Kishanganj Mahila P.S. Case No. 55 of 2015, disclosing offences under Sections 376, 376(D), 372, 373, 343, 366A, 323, 384 and 120B/34 of the Indian Penal Code.

On the basis of a complaint petition, the present First Information Report has been registered.

Learned counsel for the petitioners has submitted, referring to the allegations in the present application that the same

Patna High Court Cr.Misc. No.7844 of 2016 (3) dt.11-05-2016 2/2 are highly improbable and absurd. It has further been submitted that the delay of 5-6 months in lodging of the First Information Report itself creates serious doubt over the veracity of the case of the prosecution.

Considering the facts and circumstances of the case, this application is allowed.

Let the petitioners, above-named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj in connection with Kishanganj Mahila P.S. Case No. 55 of 2015, 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) Vats/- U T