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Patna High CourtCR. MISC./54394/2015bail granted

Sairun Khatoon And ORS. v. State Of Bihar And ANR

2015-12-01Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54394 of 2015 Arising Out of PS.Case No. -309 Year- 2012 Thana -MADHEPURA COMPALINT CASE DistrictMADHEPURA ======================================================

1. Sairun Khatoon

2. Sajani Khatoon

3. Md. Makhan.

.... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Singh, Adv. For the Opposite Party/s : Mr. Dr. Indiwar Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-12-2015 Heard learned counsels for the petitioner and the State. The petitioners being the sister, mother and brother-inlaw (Bahnoi) of the husband of the complainant are apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A and 323 of the Indian Penal Code. The basic accusation is of torture.

It is submitted by learned counsel for the petitioners that the thrust of accusation is against the husband of the complainant who is in custody. Though, the anticipatory bail application of the petitioners was disposed of by learned Sessions Judge in the year 2013 but since the effort was being made to reconcile the issue, petitioners could not move this Court for anticipatory bail earlier.

Patna High Court Cr.Misc. No.54394 of 2015 (2) dt.01-12-2015 2/2 Considering the thrust of accusation against the husband of the complainant, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Madhepura in connection with Complaint Case No. 309 of 2012, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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