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Patna High CourtCR. MISC./21095/2021allowed

Babu Jan Khan v. The State Of Bihar

2022-04-22Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21095 of 2021 Arising Out of PS. Case No.-576 Year-2019 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== 1.

BABU JAN KHAN Son of Mir Alam Khan Resident of Village- Lauriya, P.S.- Lauriya and District- West Champaran.

2.

Ladly Begum W/o of Babu Jan Khan Resident of Village- Lauriya, P.S.- Lauriya and District- West Champaran.

3.

Salman Khan Son of Babu Jan Khan Resident of Village- Lauriya, P.S.- Lauriya and District- West Champaran.

4.

Shamshad Khan Son of Babu Jan Khan Resident of Village- Lauriya, P.S.- Lauriya and District- West Champaran.

5.

Shahbaj Khan Son of Babu Jan Khan Resident of Village- Lauriya, P.S.- Lauriya and District- West Champaran.

6.

Arbaj Khan Son of Babu Jan Khan Resident of Village- Lauriya, P.S.- Lauriya and District- West Champaran.

7.

Shahjad Khan Son of Late Ishaque Khan Resident of Village- Lauriya, P.S.- Lauriya and District- West Champaran.

8.

Ejaj Khan Son of Late Ishaque Khan Resident of Village- Lauriya, P.S.- Lauriya and District- West Champaran.

9.

Hasibunnesha Daughter of Arman Sheikh Resident of Village- Deurwa Deoraj, P.S.- Lauriya and West Champaran.

10.

Arman Sheikh Son of Late Rafique Sheikh @ Mohmood Sheikh @ Mohammad Sheikh Resident of Village- Deurwa Deoraj, P.S.- Lauriya and District- West Champaran ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Gulnaz Khatoon D/o Akhtar Khan, Wife of Samir Khan Resident of VillageLauriya, P.S. and P.O.- Lauriya and District- West Champaran at present Haji Tola, P.S.- And P.O. - Ram Nagar and District- West Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mohammed Abu Haidar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-04-2022 Heard Mr. Abu Haidar, learned Advocate for the petitioners and Mr. Umesh Kumar Gupta for the O.P. No. 2. The

Patna High Court CR. MISC. No.21095 of 2021(4) dt.22-04-2022 2/3 State is represented by Mr. Ram Priya Sharan Singh. The petitioners seek bail in anticipation of their arrest in connection with Complaint Case 576(C) of 2019 in which cognizance has been taken under Sections 323, 341, 504, 506, 494, 498A and 406 of the Indian Penal Code.

The petitioners are the relatives of the husband of opposite party no. 2.

The accusation against them, it has been urged, is general and omnibus and nothing specific has been attributed against them.

The learned counsel for the opposite party no. 2, however, has submitted that the petitioners have tried to create a defence on forged and fabricated documents.

Be that as it may, since the husband of O.P. No. 2 has been released on bail by the court below, there would be no justification for denying the anticipatory bail to these petitioners, who are the relatives of the husband and perhaps have been made accused in this case because of their relationship with the husband of O.P. No. 2.

For the reasons aforestated, the provisional bail granted to the petitioners by order dated 12.01.2022 is, hereby, confirmed.

Patna High Court CR. MISC. No.21095 of 2021(4) dt.22-04-2022 3/3 The petitioners shall remain on the same bail bonds. The application stands allowed and disposed off accordingly.

(Ashutosh Kumar, J) krishna/- U T