Patna High CourtCR. MISC./53957/2016bail granted

Haroon Raseed And ANR v. The State Of Bihar

2016-12-21Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53957 of 2016 Arising Out of PS.Case No. -148 Year- 2016 Thana -SIDHWARA District- DARBHANGA ======================================================

1. Haroon Raseed Son of late Md. Ayub

2. Hasan Shahid Raseed Son of Haroon Raseed Both resident of VillageSahanpur, Bujurg, P.S.- Singhwara, District- Darbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dharmendra Jha For the Opposite Party/s : Mr. Sri Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 21-12-2016 Heard the Counsel for the petitioners and the APP for the State.

Apprehending their arrest in Singhwara P.S. Case No. 148 of 2016 registered under sections 341, 323, 376, 504/34 of the Indian Penal Code, the present application is for grant of anticipatory bail.

Counsel for the petitioners placed the entire F.I.R. and submits that the allegation is specific against Md. Sultan that he under some misrepresentation established sexual relationship with the informant and continued for some time and later did not marry her. It is stated that in the concluding part of the F.I.R., it is alleged that when the matter is reported to the petitioner, they thrashed them. Petitioners are father and brother of co-accused Md. Sultan.

Patna High Court Cr.Misc. No.53957 of 2016 (2) dt.21-12-2016 2/2 Looking to the aforesaid, the Court is persuaded to extend them the privilege of anticipatory bail. In the event of arrest or surrender in the Court below within four weeks, the petitioners abovenamed are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in Singhwara P.S. Case No. 148 of 2016 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions:

(i) One of the bailers shall be the own/close family members of the petitioners.

(ii) In case of framing of charge, the petitioners shall appear in person on each and every date fixed in the Court below. In case of default in doing so on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioners and secure their arrest in accordance with law.

(Kishore Kumar Mandal, J) Pankaj/- U T