Patna High CourtCR. MISC./9078/2017bail granted

Md. Dabalu @ Md. Dablu Ansari And ANR v. The State Of Bihar

2017-03-09Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9078 of 2017 Arising Out of PS.Case No. -60 Year- 2016 Thana -MAHILA PS District- JEHANABAD ======================================================

1. Md. Dabalu @ Md. Dablu Ansarim S/o Md. Samir Ansari,

2. Rabiya Khatoon @ Rabiya Praveen, W/o Md. Dabalu @ Md. Dablu Ansari, Both residents of Village- Bibipur, P.S.- Kako, District- Jehanabad. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Ravindra Kumar Sinha, Advocate For the Opposite Party/s : Mr. Sri Narsingh Tanti, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-03-2017 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners, apprehending their arrest in connection with Jehanabad Mahila P.S. Case No. 60 of 2016 registered for the offences punishable under Sections 323, 376, 120B and 504/34 of the Indian Penal Code, seek the privilege of pre-arrest bail. The allegation against the petitioners is that they provided their house to Md. Sohaib where Md. Sohaib used to develop physical relationship with the informant and further the petitioners demanded dowry by way of Rs. 1,00,000/-, Hero Honda motorcycle and three bhar gold chain.

Submission is of false implication and that the petitioners have got no concern with Md. Sohaib and the

Patna High Court Cr.Misc. No.9078 of 2017 (2) dt.09-03-2017 2/2 informant. They have never provided their house to Md. Sohaib nor they have demanded anything. From plain reading of First Information Report, it is evident that love affair was going on between the informant and Md. Sohaib and Md. Sohaib has given mobile to the informant also. The petitioners have been unnecessarily made accused in this case. No offence under Section 376 of the Indian Penal Code is made out against the petitioners. The learned A.P.P. opposes the prayer of pre-arrest bail.

In the facts and circumstances as stated above, the petitioners, in case of their arrest or surrender within four weeks from the date of receipt/production of the copy of this order, shall be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad in connection with Jehanabad Mahila P.S. Case No. 60 of 2016, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Jitendra Mohan Sharma, J) Vats/- U T