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Patna High CourtCR. MISC./28921/2019allowed

Bibi Husni v. The State Of Bihar

2019-05-02Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28921 of 2019 Arising Out of PS. Case No.-62 Year-2016 Thana- MAHILA P.S. District- Araria ====================================================== 1.

Bibi Husni, Wife of Md. Nanha @ Nanha, Resident of Village - Katarbari, P.S.- Jokihat, Distt - Araria.

2.

Md. Nanha @ Nanha, Son of Gangu Singh, Resident of Village-Kajar Basera, P.S.- Bhandi Dhanauan, Distt - Moradabad(U.P). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana, Advocate For the Opposite Party/s :

Mr.Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 02-05-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

Petitioners have earlier moved this Court for grant of bail in connection with Araria Mahila P.S. Case No. 62 of 2016 for the offences under Sections 370, 370-A, 366-A, 372/34 of the Indian Penal Code and Section 5/6 of the Immoral Traffic Prevention Act.

The application for grant of bail was rejected on 02.04.2018 with liberty to renew the prayer of bail, if the trial is concluded within a period of one year.

Learned counsel for the petitioners would submit that the trial has not concluded within a period of one year and as

Patna High Court CR. MISC. No.28921 of 2019(2) dt.02-05-2019 2/2 such, in terms of the liberty granted by the Court, the petitioners is entitled for grant of bail.

Considering the fact that the trial has not concluded within a period of one year, this Court is inclined to grant bail to the petitioners. Let the petitioners, named above, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate5th, Araria, in connection with Araria Mahila P.S. Case No. 62 of 2016.

(Anil Kumar Upadhyay, J) sunil/- U T