Sk. Islam Khan @ Islam Khan And ORS. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2650 of 2015 Arising Out of PS.Case No. -968 Year- 2010 Thana -BHAGALPUR COMPLAINT CASE DistrictBHAGALPUR ======================================================

1. Sk. Islam Khan @ Islam Khan son of Late Bhajjo Khan

2. Bibi Asiya @ Asiya wife of Sk. Islam Khan

3. Sk. Jummo Khan @ Md. Jumman

4. Sk. Firdosh @ Firdosh Khan

5. Sk. Karu @ Karu Petitioner nos. 3 to 5 are son of Sk. Islam Khan

6. Bibi Rubi wife of Matru Khan .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Bibi Samsa @ Rahana wife of Matru Khan .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Najmul Hodda, Advocate For the Opposite Party/s : Mr. Gajendra Pd.Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-04-2015 It is submitted by learned counsel for the petitioners that petitioner no.4 has been arrested.

Accordingly, this application with respect to petitioner no.4, namely Sk. Firdosh @ Firdosh Khan is accordingly disposed of as having become infructuous. Heard learned counsels for the petitioners and the State.

The petitioner nos. 1, 2, 3, 5 and 6 being father, brothers and second wife of the husband of the informant are apprehending arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code in connection with Complaint Case No. 968 of 2010, pending

Patna High Court Cr.Misc. No.2650 of 2015 (4) dt.30-04-2015 2/2 before the learned Sub-Divisional Judicial Magistrate, Bhagalpur.

The basic accusation is of torture.

From the impugned order, it appears that the petitioners filed the application before the learned court below by suppressing the fact about disposal of the earlier application and on that ground the learned Sessions Judge not considered the application on merit.

Considering the aforesaid fact, this Court is not inclined to grant anticipatory bail to the petitioners. Let the learned Court below consider the prayer for regular bail of the petitioners, if the petitioners surrender within a period of six weeks keeping in view of the nature of accusation in connection with Complaint Case No.968 of 2010, pending before the learned Sub-Divisional Judicial Magistrate, Bhagalpur.

With the above observation, this application is, accordingly, disposed off.

(Dinesh Kumar Singh, J) Ashwini/- U T