Fazebul And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28710 of 2015 Arising Out of PS.Case No. -90 Year- 2015 Thana -KISHANGANJ District- KISANGANJ ======================================================

1. Fazebul Son of Jaibuddin

2. Md. Saddam Hussain @ Saddam Hussain son of Badruddin

3. Md. Rizwan @ Rizwan @ Raju @ Raiju son of Makah All residents of Village - Kala Ram, P.S. Chakulia, District Uttar Dinajpur (W.B.) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amal Kumar Sinha For the Opposite Party/s : Mr. Renuka Ratnakar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-10-2015 Heard the learned counsel for the petitioners, the learned counsel for the informant and the learned Additional Public Prosecutor.

The petitioners apprehend their arrest in a case under Section 307 and other sections of the Indian Penal Code. The informant is wife of petitioner No.2, Md. Saddam Hussain. The informant alleged that while she along with her maternal uncle was returning to the house of her maternal uncle the petitioners intercepted them and sprinkled petrol on her body but on alarm the accused persons fled away. It is submitted that this case is palpably false. Earlier the informant lodged Chakulia P.S. case No. 107 of 2015, G. R. No. 860 of 2015 on 27.02.2015 (district Uttar Dinazpur, West

Patna High Court Cr.Misc. No.28710 of 2015 (3) dt.12-10-2015 2/2 Bengal) against petitioner No.2 and his family members under section 498A and other sections of the IPC. The informant was residing with her maternal uncle. The present case is filed only with a view to exert pressure on the petitioners. The learned counsel for the informant, however, vehemently opposed the prayer for anticipatory bail. Considering the facts aforesaid and the fact that no injury was caused to the informant or her maternal uncle, prior to lodging of the present case the informant lodged a case under section 498A and other sections of the IPC against petitioner No.

2 and his family members, 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) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kishanganj in Kishanganj P.S. Case No. 90 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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