Harun Rashid @ Harun Rasid And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53815 of 2016 Arising Out of PS.Case No. -428 Year- 2016 Thana -MARHAURA District- SARAN ======================================================

1. Harun Rashid @ Harun Rasid son of Mahboob Alam

2. Mahboob Alam son of late Abdul Kalam

3. Aasma Khatoon wife of Mahboob Alam All are residents of VillageGoura Bishnupura, P.O. Goura, Police Station- Marhowrah, District Saran (Chapra), at present residing at Balirampur, behind High School, P.O. & Police Station- Gamhariya, District- Saraikela (Jharkhand). .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Afsana Khatoon wife of Harun Rashid, daughter of Md. Anwar Ansari, resident of Village-Goura Bishnupura, P.O. Goura, Police StationMarhowrah, District Saran (Chapra) and at Balirampur, behind High School, P.O. & Police Station- Gamhariya, District- Saraikela (Jharkhand), at present residing in village- Afour, Police Station- Khaira, District- Saran (Chapra).

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Sri Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 22-02-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioners apprehend their arrest in connection with Marhowrah (Goura O.P.) Police Station Case No. 428 of 2016, registered for the offences under Sections 316, 307, 498(A), 323, 379/34 of the Indian Penal Code.

Learned Counsel for the petitioner submits that the allegation is general and omnibus and no specific overt act has been attributed against them.

Considering the above-said facts and circumstances of

Patna High Court Cr.Misc. No.53815 of 2016 (3) dt.22-02-2017 2/2 the case as well as submission of the parties, being in-laws of the complainant/informant, prayer for anticipatory bail of petitioner Nos. 2 & 3 is allowed and it is ordered that petitioner Nos. 2 & 3 named above, in the event of their arrest or surrender in the court below within four weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Marhowrah (Goura O.P.) Police Station Case No. 428 of 2016 to the satisfaction of learned Additional Chief Judicial Magistrate-II, Saran at Chapra subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. So far as petitioner No. 1 namely, Harun Rashid @ Harun Rasid is concerned; he is husband of the complainant/informant and hence, his prayer for anticipatory bail stands rejected. (Arvind Srivastava, J) A.K.V./- U