Asma Khatoon And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.28264 of 2014 (5) dt.08-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28264 of 2014 Arising Out of PS.Case No. -73 Year- 2010 Thana -AMAUR District- PURNIA ======================================================

1. Asma Khatoon, Wife of Md. Moshim

2. Jalil Mian Son of Late Kitab Mian Both are resident of villageMachhatta, P.S.- Amour, Distt.- Purnea .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhananjaya Nath Tiwari, Advocate For the Opposite Party/s : Mr. D.P.Tiwary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-01-2015 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners, apprehending his arrest in connection with Amour P.S. Case No. 73 of 2010 registered for the offences punishable under Sections 341, 323, 406, 420, 384/34 of the Indian Penal Code, seek the privilege of pre-arrest bail. Earlier the prayer of the petitioners for pre-arrest bail has been refused twice by this Court and now prayer has been made again on the ground that in this case the Police have submitted chargesheet against others showing these petitioners as not sent up. But the Chief Judicial Magistrate has taken cognizance of offence under Sections 341, 323, 406, 420, 384, 504 and 506/34 of

Patna High Court Cr.Misc. No.28264 of 2014 (5) dt.08-01-2015 the Indian Penal Code against the petitioners also. Further submission is that the petitioners are ready to deposit the amount of Rs. 69,000/-, which is alleged to be not distributed for compensation.

As the petitioners have not been sent up, and as such, under the changed circumstances and further as the petitioners are ready to deposit the amount of Rs. 69,000/-, and as such, on deposit of Rs. 69,000/- by the petitioners in the concerned account within two months and after showing receipt thereof, the petitioners, above named in case of their arrest or surrender shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in connection with Amour P.S. Case No. 73 of 2010, subject to the conditions as laid down under Section 438(2) Cr. P.C. (Jitendra Mohan Sharma, J.) Vats/- U T