Patna High CourtCR. MISC./52009/2015partly allowed disposal

Md. Ismail And ANR. v. The State Of Bihar

2016-02-04Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52009 of 2015 Arising Out of PS. Case No. -287 Year- 2015 Thana -RAHUI District- NALANDA (BIHARSHARIFF) ======================================================

1. Md. Ismail, Son of Late Abdul Subhan.

2. Md. Ladle @ Md. Shahwaj, Son of Md. Ismail Both resident of Village- Musapur, P.S.- Rahui (Bhaganbigha), Distt.- Nalanda.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Mohammad Sufyan, Advocate For the Opposite Party/s : Mr. Ajay Kumar 1 (APP) ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 04-02-2016 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in a case under Sections 304B/34 of the Indian Penal Code.

Petitioner no.1 is father-in-law of the victim, whereas petitioner no.2 is the brother-in-law (husband's brother). Learned counsel submits that both of them do not have any connection with the affairs of the victim or her husband. He further submits that the husband of the victim is in custody. He submits that the allegations are general in nature. Having regard to the facts and circumstances of the case, in the event of arrest or surrender before the court below

Patna High Court Cr.Misc. No.52009 of 2015 (3) dt.04-02-2016 2 / 2 within four weeks from today petitioner no.2, namely, Md. Ladle @ Md. Shahwaj, be released on bail on furnishing bail bond of Rs.5000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda at Bihar Sharif in connection with Rahui (Bhaganbigha) P.S. Case no. 287 of 2015 subject to the conditions as laid down under Section 438 (2) Cr.P.C.

So far as petitioner no.1 is concerned, if he surrenders before the court below and prays for regular bail, the same would be disposed of on the same day also taking into consideration that the husband of the victim is in jail and the allegation against him is general in nature.

(Samarendra Pratap Singh, J.) Uday/- U T