Safaullah @ Md. Safaullah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48156 of 2015 Arising Out of PS.Case No. -124 Year- 2015 Thana -BAJPATTI District- SITAMARHI ======================================================

1. Safaullah @ Md. Safaullah, son of Md. Abdul Adad,

2. Sanaullah, son of Abdul Adad,

3. Md. Shoukhat @ Md. Saukat, Son of Md. Ashraf, All Resident of village- Kachharipur, Ward No. 12, P.S.- Bajpatti, District- Sitamarhi .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL ORDER 02-11-2015 Heard learned counsel for the petitioners and the State.

Petitioners are apprehending their arrest in connection with a case registered for the offences under Section 376 and other allied Sections of the Penal Code. They are named in the First Information Report. It is submitted on their behalf that petitioner no. 1 and the daughter of the informant had a quarrel and the result of the said quarrel is the present case, though no injury is found on the person of the daughter of the informant. To verify the aforesaid submission learned Sessions Judge allowed two adjournments. Records of lower court received but the case diary was not available, as would appear from paragraph 4 of the

Patna High Court Cr.Misc. No.48156 of 2015 (2) dt.02-11-2015 2/2 impugned order rejecting the request of the petitioner for grant of bail in the event of arrest.

Let petitioners, named above, surrender in the court below within a period of four weeks from the date of receipt/ production of a copy of this order in the Court below and the court below should verify from the case diary about the injuries suffered by the daughter of the informant. If there is no injury suggestive of the offence alleged, the petitioners be released on bail on furnishing bail bonds of Rs. 5,000/-(Rs. Five Thousand) each with two sureties of the like amount each to the satisfaction of SubDivisional Judicial Magistrate, Pupri at Sitamarhi in connection with Bajpatti P.S. Case No. 124/15, subject to the conditions laid down under Section 438(2) Cr.P.C. Until such verification no coercive steps be taken against the petitioners. This petition is, accordingly, disposed of.

(V.N. Sinha, J) Rajesh/- U T