Md. Aslam @ Aslam Ahmad And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77084 of 2018 Arising Out of PS. Case No.-72 Year-2018 Thana- MAHILA P.S. District- Patna ======================================================

1. Md. Aslam @ Aslam Ahmad S/o Late Md. Hafiz,

2. Zeenat Sanober @ Guriya, aged about 36 years, W/o Wasi Ahmad,

3. Sania Wasi, aged about 26 years, W/o Aqueel Ahmad, All residents of Crystal Plaza, opposite Birla Mandir, Sabzibagh, P.S.- Pirbahore, Dist.- Patna, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gautam Kumar Yadav, Adv For the Opposite Party/s :

Smt. Nirmala Kumari,APP For the Informant : Mr.Shashank Chandra, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-01-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 376 and 313 IPC and Sections 3 and 4 of the D.P.Act registered in connection with Mahila P.S. Case No. 72/2018.

3. It is submitted that the petitioners have been falsely implicated and the petitioner no.1 merely happens to be the father of the co-accused Shageer Ahmad who is said to be living in partner of the informant. The said Sagheer Ahmad has been granted anticipatory bail by this Court in Cr. Misc. No. 74825 of 2018. The petitioners claim clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten

Patna High Court Cr.Misc. No.77084 of 2018(2) dt.15-01-2019 2/2 thousand) each with two sureties of like amount each to the satisfaction of Mrs. Priya Shekhar, learned Judicial Magistrate Ist Class, Patna, in connection with Mahila P.S.

Case No. 72/2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:

(i) That one of the bailors shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) The petitioner no. 1 shall remain physically present and petitioner nos. 2 and 3 shall be well represented in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Chandran/- U T