Hamida Khatoon And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48227 of 2016 Arising Out of PS.Case No. -1710 Year- 2015 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================
1. Hamida Khatoon , wife of Samshul Haque Khan
2. Chandni Khatoon w/o Lal Babu Khan
3. Chand Babu Khan son of Samsul Haque Khan All residents of Gaus Nagar, Ward No. 10, Near Madina Masjid, P.O. and P.S. Chas, District Bokaro Steel City, State Jharkhand .... .... Petitioner/s
Versus
1. The State of Bihar
2. Shama Perveen, c/o Ifekhar Ahmad village Duldulia, P.S. Manjha Garh, District Gopalganj Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. S.H.H. Quadri For the Opposite Party/s : Mr. Sri Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 24-11-2016 Heard Mr. S.H.H. Quadri, learned counsel for the petitioners and Sri Umesh Lal Verma, learned Additional Public Prosecutor .
Three petitioners who are in- laws of the complainant /opposite party no. 2 have prayed for grant of anticipatory bail in Complaint Case No. 1710 of 2015 for offence under Section 323, 498A and 406 of the Indian Penal Code .
Learned counsel for the petitioners by way of referring to order dated 23.6.2016 whereby prayer for bail of petitioners was rejected submits that the learned court below had noticed that compromise in between complainant and her husband had taken
Patna High Court Cr.Misc. No.48227 of 2016 (2) dt.24-11-2016 2/2 place only thereafter the husband Parvej Alam was granted bail. Keeping in view the fact that complainant and her husband had already settled the dispute , there is no reason to refuse prayer for anticipatory bail in respect of present petitioners. Accordingly in the event of arrest or surrender within a period of six weeks from today, let the aforesaid three petitioner namely Hamida Khatoon, Chandni Khatoon, Chand Babu Khan be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) each with two sureties of the like amount each to the satisfaction of Shri Vivek Kumar Singh, Judicial Magistrate 1st Class, Gopalganj / concerned court in connection with Complaint Case No. 1710 of 2015 ( Trial No. 1156 of 2016) subject to the conditions as contemplated under section 438(2) of the Code of Criminal Procedure . (Rakesh Kumar, J) Praful/- U T