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Patna High CourtCR. MISC./34447/2016bail granted

Md. Matin @ Md. Matim And ORS v. The State Of Bihar

2017-04-04Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34447 of 2016 Arising Out of PS.Case No. -92 Year- 2016 Thana -PIPRA District- SUPAUL ======================================================

1. Md. Matin @ Md. Matim, son of Md. Jalil.

2. Md. Taiyab @ Taiyab Ali, son of Md. Jalil.

3. Md. Mahfooz @ Mahfuj Alam @ Mahfuj Nadaf, son of Md. Matin @ Md. Matim.

4. Md. Sahrukh @ Sarukh Nadaf, son of Md. Matin @ Md. Matim.

5. Bibi Amiroon Nisha, wife of Md. Taiyab.

6. Md. Bashir, son of Md. Jalil.

7. Md. Nashir @ Nasir, son of Md. Jalil.

All resident of village-Tharhi, Bhawanipur, P.S.- Pipra, District- Supaul. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Mishra, Advocate. For the Opposite Party/s : Mr. Rajendra Prasad Nat, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-04-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Pipra P.S. Case No. 92 of 2016 instituted for the offence under Sections 147, 149, 323, 504, 307, 354, 380, 498(A) of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act.

It is alleged that the sister of the informant was married with Manharul Haque about three years back and she was blessed with a son.

From the written report it appears that the petitioners are family members of husband of sister of the informant. There is general and omnibus allegation against the petitioners.

Patna High Court Cr.Misc. No.34447 of 2016 (4) dt.04-04-2017 2/2 It has been submitted on behalf of the petitioners that they have no concern with the affairs of husband and wife. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Pipra P.S. Case No. 92 of 2016, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Shri Jitendra Kumar, learned Judicial Magistrate, Supaul, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) S.