Md. Rakib @ Abdul Rakib And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13221 of 2018 Arising Out of PS.Case No. -2183 Year- 2016 Thana -COMPLAINT CASE District- ARRARIA ======================================================

1. Md. Rakib @ Abdul Rakib, S/o Late Kadir,

2. Bibi Nazra @ Bibi Nazra Khatoon W/o md. Rakib,

3. Bibi Nasreen D/o Md. Rakib, All r/o Village- Lahthora Tola Chougharia, P.S. & District- Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Md. Azam S/o Late Hasib, R/o Village- Lahthora Tola Chougharia Ward No. 9, P.S. & District- Araira.

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

For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Sri Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-04-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Complaint Case No.2183C of 2016, registered for offences punishable under Sections 341, 323, 504, 448, 354B and 380/34 of the Indian Penal Code.

Allegation against the petitioners is of disrobing the informant and also taking away one box containing silver ornaments.

Submission of the learned counsel for the petitioners is that there is police case lodged by the petitioner earlier to lodging the complaint case and thereafter this case has been lodged to save

Patna High Court Cr.Misc. No.13221 of 2018 (2) dt.05-04-2018 2/2 their skin.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-V, Araria in connection with Complaint Case No.2183C of 2016, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T