Md. Reyashat @ Md. Reyashat Mansuri And ORS v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.30443 of 2016 (2) dt.25-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30443 of 2016 Arising Out of PS.Case No. -73 Year- 2010 Thana -COMPLAINT CASE District- BANKA ======================================================

1. Md. Reyashat @ Md. Reyashat Mansoori son of Late Gafoor Mansoori.

2. Md. Amanulla @ Md. Amanullah Mansoori @ Md. Aman Mansoori Son of Md. Reyashat alias Md. Reyashat Mansoori.

3. Md. Aftab Mansoori son of Md. Reyashat @ Md. Reyashat Mansoori.

4. Bibi Hushnee Wife of Md. Reyashat @ Md. Reyashat Mansoori. All are resident of Village Kabirpur, Azad Nagar, P.S. Nath Nagar, District Bhagalpur.

.... .... Petitioners

Versus

1. The State of Bihar.

2. Bibi Rehana daughter of Md. Yusuf Mansoori wife of Md. Asir Mansoori, resident of Village Baijnathpur, P.S. Ghoraiya, District Banka. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Tarun Prasad Mandal For the Opposite Party/s : Mr. Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-07-2016 Heard learned counsels for the petitioners and the State.

The petitioners being the brothers and parents of the husband of the complainant are apprehending their arrest in a case registered for the offences punishable under Sections 498A and 323 of the India Penal Code.

Basic accusation is of torture.

It is submitted by learned counsel for the petitioners that the petitioners were granted anticipatory bail vide A.B.P. No.

Patna High Court Cr.Misc. No.30443 of 2016 (2) dt.25-07-2016 288 of 2012 by learned Sessions Judge, Bhagalpur by order dated 31.03.2012, but they could not furnish bail bonds and subsequently A.B.P. No. 171 of 2016 was filed before learned Sessions Judge, Banka with prayer for anticipatory bail. Considering the fact that the present complaint was filed in the year 2010 and the petitioners were granted anticipatory bail by order dated 31.03.2012 by the learned Sessions Judge on merit, the aforesaid facts may constitute good ground for consideration of prayer for regular bail.

Let the learned Court below consider the prayer for regular bail of the petitioners and preferably disposed of the same on the same day, if the petitioners surrender within a period of six weeks in connection with Complaint Case No. 73 of 2010, pending before the Court of learned Sub-Divisional Judicial Magistrate, Banka.

With the above observation, this application is, accordingly, disposed off.

(Dinesh Kumar Singh, J) Mishra/- U T