Md. Mansur And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42292 of 2017 Arising Out of PS.Case No. -180 Year- 2015 Thana -PAROO District- MUZAFFARPUR ======================================================
1. Md. Mansur, Son of Md. Mustakim.
2. Md. Sahebjaan, Son of Md. Mustakim.
Both R/o Village- Rampur Kesho @ Malahi, P.S.- Paroo, DistrictMuzaffarpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 19-09-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Paroo P.S. Case No.180 of 2015 registered under Sections 323, 341, 504, 364, 302, 341 and 120(B) of the Indian Penal Code. The accusation is that Pir Mohammad, the husband of the complainant/informant Momina Khatoon, was accompanied by Mustakim, the father of the petitioners, to Arunanchal Pradesh on 03.06.2014 for doing the job at his shop. Before that, these petitioners and their father had gone to the house of the complainant/informant and asked her husband to do the job at the
Patna High Court Cr.Misc. No.42292 of 2017 (2) dt.19-09-2017 2/3 shop where Rs.5000/- per month, clothes, meal etc. would be given to him.
Thereafter, the husband of the complainant/informant went to Arunanchal Pradesh to do the job at the shop of Mustakim. After passing over 2-3 months, the complainant/informant could not contact to her husband nor any penny was given to her to lead her life.
The complainant/informant approached the petitioners at their house and asked to give some money and get talked her with her husband but they did not pay any heed. Thereafter, Panchayati was arranged in which it was decided that the petitioners will give Rs.1500/- per month to the complainant/informant and will get talked to her with her husband. On 01.07.2014, Md. Farid, the brother of the husband of the complainant/informant went to the house of the petitioners and made query about his brother and asked to give the money of his brother, as due, but he was abused by them and was threatened with dire consequences. Learned counsel appearing on behalf of the petitioners submits that while the complainant/informant has made allegation in the F.I.R. that her husband was accompanied by the father of the petitioners for doing the job to Arunanchal Pradesh but, in fact, the husband of the complainant/informant after reaching there, left the shop of the father of the petitioners. Thereafter, the father of
Patna High Court Cr.Misc. No.42292 of 2017 (2) dt.19-09-2017 3/3 the petitioners informed to the police station regarding missing of the husband of the complainant/informant on 18.07.2014, which would appear from Annexure-'2' to this application. Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Miss Priti Kumari, Judicial Magistrate, First Class, Muzaffarpur, in connection with Paroo P.S. Case No.180 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T