Md. Shafik @ Md. Safik And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35619 of 2017 Arising Out of PS.Case No. -36 Year- 2017 Thana -MAHILA P.S District- SUPAUL ======================================================
1. Md. Shafik @ Md. Safik Son of Md. Madan
2. Bibi Maimul Wife of Md. Shafik @ Md. Safik
3. Bibi Hajra @ Bibi Hajra Wife of Md. Riyaj
4. Md. Riyaj Son of Md. Shafik @ Md. Safik All residents of Village Saraigadh Ward No. 13, P.S. Kishanpur, District Supaul. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Bibi Saimul Daughter of Md. Sakhabat Resident of Village Balwa Bazar, P.S. Balwa Bazar, District - Supaul.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bhim Kumar Yadav For the Opposite Party/s : Mr. Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-08-2017 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Mahila P.S. Case N0. 36 of 2017, disclosing offences under Sections 498A,323,341,379,504/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. Petitioner No.1 is father-in-law of husband of the informant. Petitioner No.2 is mother-in-law and petitioner No.4 is brother of the husband of the informant. Petitioner No.3 is wife of petitioner No.4.
It is evident from the materials on record that matrimonial discord between them is the root cause for registration of the First Information Report. No purpose will
be served, if the petitioners are taken into custody. It is submitted that the petitioners shall present themselves before the police as and when required and there is no chance that they will tamper with the evidence or influence the witnesses.
Considering the nature of accusation and submissions advanced on behalf of the petitioners, this application is allowed.
Let the petitioner above named in the event of their arrest/surrender within six weeks from today in the Court below, 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 the learned Chief Judicial Magistrate, Supaul in Mahila P.S. Case No. 36 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) ArunKumar/- U