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Patna High CourtCR. MISC./21392/2015bail granted

Md. Iftekhar Alam @ Pintu And ANR v. The State Of Bihar

2015-06-23Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21392 of 2015 Arising Out of PS.Case No. -25 Year- 2014 Thana -MAHILA P.S. District- BHAGALPUR ======================================================

1. Md. Iftekhar Alam @ Pintu Son of Late Nasimuddin

2. Noor Jahan Khatoon Wife of Late Nasimuddin Both are resident of village- Ugani, Police Station- Naugachia, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Dr. Indiwar Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-06-2015 Heard learned counsels for the petitioners and the State. The petitioners being brother and the mother of the late husband of the informant are apprehending arrest in a case registered for the offences punishable under Sections 498A,341,323,504 and 506/34 of the Indian Penal Code. The accusation is of torture and driving out the informant from the matrimonial house in order to grab the share of the late husband of the informant.

It is submitted by the learned counsel for the petitioners that the petitioners are ready to allow the informant to enjoy her share of property in the matrimonial house.

Considering the aforesaid facts, let the above named

Patna High Court Cr.Misc. No.21392 of 2015 (2) dt.23-06-2015 2/2 petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned JM Ist Class, Naugachia in connection with Naugachia Mahila P.S. Case No. 25 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C. The bail bonds of the petitioners will be accepted on filing of an affidavit by the petitioners before the learned court below that they will allow the informant to enjoy her share of property in the matrimonial house. The said affidavit will be transmitted by the learned court below to the concerned I.O. Non compliance of the aforesaid undertaking will give liberty to prosecution to file application for cancellation of bail bonds of the petitioners by learned court below.

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