Lal Mohammad And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51012 of 2015 Arising Out of PS.Case No. -2 Year- 2015 Thana -HUSAINGANJ District- SIWAN ======================================================

1. Lal Mohammad Son of Hafiz Mian

2. Nooraisa Khatoon, Wife of Lal Mohammad

3. Samsa Khatoon, Wife of Nabi Akhtar, Daughter of Hafiz Mian

4. Bigu Mali, Son of Hafiz Mian All are Resident of village- Zigrahwa, P.S.- Maharajganj, District- Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Singh For the Opposite Party/s : Mr. Sanjay Kr.Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-02-2016 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in connection with Hussainganj P.S.Case No. 2 of 2015 instituted under Sections 147, 441, 323, 364/34 of the Indian Penal Code. As per the prosecution, the main accusation against the petitioners is of abducting the informant's son by inducing him to provide employment and after the alleged abduction assaulting to the informant and her husband.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. It is further submitted that petitioner no.1 is the brother-in-law of Nabi Akhtar, petitioner no.2 is the wife of petitioner no.1, petitioner no.3 is the

Patna High Court Cr.Misc. No.51012 of 2015 (3) dt.10-02-2016 2/2 wife of Nabi Aklhtar and petitioner no.4 is the brother-in-law of Nabi Akhtar, who is said to have been abducted. Admittedly, there is inordinate delay in instituting the FIR for which no explanation has been made on behalf of the prosecution. It is also pointed out that other co-accused have been granted anticipatory bail vide Cr. Misc. No. 35911 of 2015.

On behalf of the State, it is submitted that the petitioners are named in the FIR.

Considering the aforesaid facts, let the above named petitioners, in the event of their arrest or surrender in the court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M.,Siwan in connection with Hussainganj P.S.Case No. 2 of 2015, subject to the conditions as laid down u/s 438(2) Cr.P.C. (Sudhir Singh, J) singh/- U T