Patna High CourtCR. MISC./44328/2016bail granted

Nawisa Khatoon @ Musia Khatoon And ANR v. The State Of Bihar

2016-10-17Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44328 of 2016 Arising Out of PS.Case No. -41 Year- 2016 Thana -TEGHRA District- BEGUSARAI ======================================================

1. Nawisa Khatoon @ Musia Khatoon W/o Md. Rahman

2. Md Zubair S/o Md. Rahman Residents of Village Barauni Flag (Imli Tola) P.S. Teghra District Begusarai.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Sada Nand Roy For the Opposite Party : Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-10-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek bail in a case instituted under Sections 376, 341, 323 and 504 of the Indian Penal Code. The allegation against the accused persons is that the informant being relative, was living in the house of co-accused Md. Rahman and in that course, the son of co-accused Md. Rahman namely Md. Yusuf developed physical relation with the informant, on the assurance to perform marriage but later on said Md. Yusuf and his father refused to perform the marriage. It has been submitted on behalf of the petitioners that the petitioner no.1 is in custody since 25.07.2016 and the petitioner no.2 is in custody since 03.07.2016. The petitioners

Patna High Court Cr.Misc. No.44328 of 2016 (2) dt.17-10-2016 2/2 have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The main allegation is against the co-accused Md. Yusuf. No overt act has been alleged against the petitioners. The other co-accused has been granted bail vide Cr. Misc. No. 20790 of 2016. On behalf of the state, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai, in connection with Teghra P.S. Case No. 41 of 2016.

(Sudhir Singh, J.) Amit/- U T