Refajuddin And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33483 of 2016 Arising Out of PS.Case No. -19 Year- 2016 Thana -DAGARUA District- PURNIA ======================================================

1. Refajuddin son of Late Kota

2. Noor Bano wife of Refajuddin

3. Md. Irfan son of Refajuddin

4. Md. Ikram son of Refajuddin

5. Mahapara Daughter of Refajuddin All Resident of village- Kachna, P.S. Dagarwa, District- Purnea .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nadimul Hasan For the Opposite Party/s : Mr. Sri Nagendra Prasad ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 16-11-2016 Learned counsel for the petitioners submits that petitioner No. 1 has been arrested, the application as against him has become infructuous and, therefore, he prays for leave of this Court to withdraw the same.

Leave is granted.

The application as against petitioner No. 1 is dismissed as infructuous.

The case shall now proceed only against petitioner Nos. 2 to 5 only.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners apprehend their arrest in connection with a case registered for the offences punishable under Sections 302/34

Patna High Court Cr.Misc. No.33483 of 2016 (4) dt.16-11-2016 P2/2 of the Indian Penal Code.

Diary in this case was called for earlier, which has, since been received.

After hearing learned counsel for the parties and on consideration of all facts and circumstances of the case, I am not inclined to grant anticipatory bail to petitioner Nos. 2, 3, and 4. Their prayer for bail is accordingly rejected. However, so far as the petitioner No. 5 is concerned, in view of the fact that the petitioner No. 5, Mahapara, is a married daughter of Refajuddin, let her, in the event of her arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged 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 the learned A.C.J.M.-2, Purnea in connection with Dagarwa P.S. Case No. 19/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U T