Patna High CourtCR. MISC./49950/2014partly allowed disposal

Mustaque @ Md. Mustaque Alam And ORS. v. State Of Bihar And ANR

2015-07-01Mr. Justice Samarendra Pratap Singh2 pages

Patna High Court Cr.Misc. No.49950 of 2014 (3) dt.01-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49950 of 2014 Arising Out of PS.Case No. -446 Year- 2014 Thana -COMPLAINT CASE District- KISANGANJ ======================================================

1. Mustaque @ Md. Mustaque Alam Abdus Sattar@Abdul Sattar null

2. Abdus Sattar@Abdul Sattar Son of Late Abdul Adud

3. Abdul Rajaque @ Md. Rajaque Son of Abdus Sattar @ Abdul Sattar

4. Sajjad @ Sajjad Ali Son of Abdul Sattar @ Abdus Sattar

5. Basirun Khatoon Wife of Abdul Sattar @ Abdus Sattar All are R/o Singhimari, Lohakachi, P.S. Kodhobari, Dist.-Kishanganj .... .... Petitioner/s

Versus

1. State of Bihar

2. Rashma Khatoon ife of Mustaque Alam, Daughter of Shan Mohammad Resident of Singhimari, Lihakachi, P.S.-Korhobari, Dist.-Kishanganj .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Kumar For the Opposite Party/s : Mr. Dasrath Mehta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 01-07-2015 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in a case under Section 498(A) of the Indian Penal Code.

Learned counsel for the petitioners submits that the complainant has tried to rope in all the family members in the present case. He further submits that petitioner no.1 has divorced the complainant.

Counsel for the complainant controverts the submissions of the petitioners.

Having regard to the facts and circumstances of the case,

Patna High Court Cr.Misc. No.49950 of 2014 (3) dt.01-07-2015 the petitioner nos.2 to 5, namely, Abdush Sattar @ Abdul Sattar, Abdul Rajaque @ Md. Rajaque, Sajjad @ Sajjad Ali and Basirun Khatoon are directed to be released on anticipatory bail, in the event of their arrest/surrender, in connection with Complaint Case No.C446 of 2014, on furnishing bail bonds of Rs.5,000/- each with two sureties of the like amount each to the satisfaction of the S.D.J.M., Kishanganj.

However, the prayer for anticipatory bail of petitioner no.1 Mustaque @ Md. Mustaque Alam is rejected. If he surrenders and pray for bail, the same would be disposed of on the same day without being prejudice by the fact that his prayer for anticipatory bail has been rejected by this court.

(Samarendra Pratap Singh, J) KHAN/- U T