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Patna High CourtCR. MISC./42702/2014disposed

Md. Nafees And ORS v. State Of Bihar And ANR

2015-04-10Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42702 of 2014 Arising Out of PS.Case No. -28 Year- 2012 Thana -SAHARSA COMPLAINT CASE District- SAHARSA ======================================================

1. Md. Nafees Son of Md. Kayumuddin null

2. Md. Shaukat, Son of Md. Kayumuddin

3. Afsari Praveen @ Afsari Begum @ Afsari W/o Md. Shaukat All Resident of Mohalla - Bagmali, Ashiyana Colony Sachipatti, P.S. - Town Hajipur, District- Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sano Binaz W/o Md. Nafees, D/o Md. Firoz Alam At present residing at Village - Pahalam, P.S. - Salakhua, District- Saharsa. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. J.N.Thakur(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER *************** 02.

10.04.2015 Heard learned counsel for the parties.

Prayer for bail of petitioner nos. 2 and 3 is allowed looking at the nature of the relationship and the allegation so made against them.

Let petitioner nos. 2 and 3, above-named, in the event of their arrest or surrender within a period of four weeks from today, be enlarged 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 learned Sub-divisional Judicial Magistrate, Saharsa, in connection with Complaint Case No. 28 (C) of 2012, which shall be abide by the terms and conditions

Patna High Court Cr.Misc. No.42702 of 2014 (2) dt.10-04-2015 2/2 mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure.

So far as anticipatory bail of petitioner no. 1 is concerned, he is directed to surrender as well as his bona fide of the submission that he is willing to stay with his wife now will be tested by the court below. If reconciliation is reached between the parties, an appropriate order will be passed in this regard. Petitioner No. 1 will not be arrested by four weeks in view of the observation and the statement made at the bar.

(Ajay Kumar Tripathi, J.) SKM/- U T