Hafiz Miyan And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35911 of 2015 Arising Out of PS.Case No. -2 Year- 2015 Thana -HUSAINGANJ District- SIWAN ======================================================

1. Hafiz Miyan S/o Late Neur Miyan.

2. Laila Bibi W/o Hafiz Miyan Both are Resident of Village- Zigrahwa P.S.- Maharajgunj, District- Siwan. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Sanjay Kumar Singh For the Opposite Party/s : Smt. Sucheta Yadav (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-11-2015 Heard both sides.

The petitioners, namely, Hafiz Miyan and Laila Bibi, apprehend their arrest in a case under Sections 364, 323 and other sections of the Indian Penal Code.

The complainant alleged in her complaint petition, on the basis of which the present F.I.R. is lodged, that her son Nabi Akhtar and his wife were always quarrelling with each other. Lal Mohammad and Samsa Khatoon, the wife of Nabi Akhtar, came to the house of the informant and took Nabi Akhtar with them but thereafter Nabi Akhtar did not return. It is submitted that the petitioners are father-in-law and mother-in-law of Navi Akhtar. There is no material to show that the petitioners ever kidnapped their own son-in-law. The daughter of the petitioners was also married to the son of the complainant. Nabi Akhtar was a

Patna High Court Cr.Misc. No.35911 of 2015 (4) dt.02-11-2015 2/2 drunkard and might have gone somewhere else on account of quarrelling with his wife.

Learned A.P.P., however, did not dispute the facts and submitted that the Investigating Officer also made a search of Nabi Akhtar and came to know that he was a drunkard. Considering the facts aforesaid, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged on bail on furnishing 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, Siwan in Hussainganj P.S. Case No. 2/2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Dilip/- U T