Bibi Azima Khatoon And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32554 of 2015 Arising Out of PS.Case No. -17 Year- 2015 Thana -DAGARUA District- PURNIA ======================================================

1. Bibi Azima Khatoon, W/o Md. Wasique

2. Md. Wasique, S/o Late Kapil

3. Md. Danish, S/o Md. Wasique

4. Sk. Nuruddin, S/o Late Zakiruddin

5. Md. Jubair, S/o Late Hasib Petitioner No. 1 to 4 Resident of Village Dagarua, P.S. Dagarua, District Purnea and Petitioner No. 5 are Resident of Village Chakwa, P.S. Dagarua, District Purnea.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Md. Islam, S/o Late Hazi Iliyas, at present Resident of Village- Dagarua, Kargil Tola, P.S. Dagarua, District Purnea.

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

For the Petitioner/s : Mr. Bijendra Kumar Singh For the Opposite Party/s : Mr. Sanjay Kumar (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 04-11-2015 Learned counsel for the petitioners prays for leave of this Court to correct the typographical error caused due to inadvertence in paragraph 7 of the bail application mentioning the complaint petition being No.4347/2014, which is, in fact, 4374/2014. Necessary corrections, thus, be made by the petitioners in the main petition.

Learned counsel for the petitioners submits that Petitioner No.4 Sk. Nuruddin and Petitioner No.5 Md. Jubair have been taken into custody and, therefore, this application as against them has become infructuous. He accordingly seeks

Patna High Court Cr.Misc. No.32554 of 2015 (3) dt.04-11-2015 2/3 permission to withdraw this application on their behalf. Liberty is granted. This application on behalf of petitioner No.4 and 5 is, thus, dismissed as withdrawn. Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioners are apprehending their arrest in connection with Dagarua P.S. Case No.17 of 2015 for allegedly having committed the offences under Sections 420, 467, 468 and 471/34 of the Indian Penal Code. Learned counsel for the petitioners submits that the parties have compromised the matter and, therefore, the petitioners may be extended the privilege of anticipatory bail. Learned counsel appearing on behalf of O.P. No.2 also submits that the matter has been compromised since.

Considering the aforementioned facts and circumstances, let Petitioner Nos.1, 2 and 3, namely, Bibi Azima Khatoon, Md. Wasique and Md. Danish, respectively, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of

Patna High Court Cr.Misc. No.32554 of 2015 (3) dt.04-11-2015 3/3 Smt. Suchi Mishra, learned Judicial Magistrate, 1st Class, Purnea, in connection with Dagarua P.S. Case No.17 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T