Md. Saiyum @ Mohammad Sayyum @ Saiyum And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41248 of 2015 Arising Out of PS.Case No. -431 Year- 2014 Thana -MADHUBANI TOWN DistrictMADHUBANI ======================================================
1. Md. Saiyum @ Mohammad Sayyum @ Saiyum Son of Late Md. Jankhalifa
2. Nasima Khatoon, Wife of Md. Saiyum, Both are Residents of Village/ Mohalla- Jhanjharpur, Nagar Panchayat, Langra Chowk, Ward No.12, Police Station- Jhanjharpur, District- Madhubani. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Krishna Pd. Singh, Sr. Adv. Mr. Ashok Kumar Prasad For the State : Mr. A.L. Pandit, APP For O. P. No. 2 : Mr. Sanjay Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-06-2016 At the outset, learned Senior Counsel for the petitioner informs this Court that the petitioner no. 2, namely, Nasima Khatoon, had died on 06.01.2016, during the pendency of this application.
This application so far as petitioner no. 2, namely, Nasima Khatoon, is concerned, thus abates. The certified copy of the First Information Report of Madhubani Town Police Station Case No. 431 of 2014 has been filed on behalf of the petitioner, let the same be kept on record.
Patna High Court Cr.Misc. No.41248 of 2015 (5) dt.22-06-2016 2/3 Heard learned Senior Counsel for the petitioners, learned Counsel for the informant and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Madhubani Town Police Station Case No. 431 of 2014, disclosing offences under Sections 498A, 363, 368/34 of the Indian Penal Code.
It is alleged in the First Information Report that the sister of the informant was married to the petitioner's son in the year 2006 and thereafter since 2007, the informant has not been able to have a talk with his sister. Learned Senior Counsel appearing on behalf of the petitioner has submitted that his son is not residing with him. It has been stated in paragraph 11 of the application that the son of the petitioner had gone to Netherland with his wife in the year 2006 itself and thereafter they did not come to the petitioner's place. It has further been submitted that there is no specific allegation of any nature against the petitioner.
Learned Counsel appearing on behalf of the informant has opposed the prayer for anticipatory bail. Considering the fact that there is no specific allegation of any nature against the petitioner, this application is allowed.
Patna High Court Cr.Misc. No.41248 of 2015 (5) dt.22-06-2016 3/3 Let the petitioner, Md. Saiyum @ Mohammad Sayyum @ Saiyum, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhubani, in connection with Madhubani Town Police Station Case No. 431 of 2014, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.
(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √