Patna High CourtCR. MISC./54048/2015bail granted

Satish Chandra Jha And ORS. v. State Of Bihar And ANR

2015-11-27Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54048 of 2015 Arising Out of PS.Case No. -1019 Year- 2015 Thana -MADHUBANI COMPLAINT CASE DistrictMADHUBANI ======================================================

1. Satish Chandra Jha

2. Suman Kumar Jha

3. Rekha Jha.

.... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Iqbal Asif Niazi, Adv. For the Opposite Party/s : Mr. Kalyan Shankar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-11-2015 Heard learned counsels for the petitioner and the State. The petitioners being the maternal uncles and aunt of the husband of the complainant are apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 379, 323, 341, 498A and 504 of the Indian Penal Code. The basic accusation is of torture and driving out the complainant from the matrimonial house.

Learned Addl. Sessions Judge perhaps disposed of the anticipatory bail application of the petitioners in view of the ratio laid down in the case of Salim Ansare @ Md. Salim Ansare and Others Vs. The State of Bihar & Another reported in 2015 (3) PLJR, 806 (Cr. Misc. No. 51075 of 2014) on the ground that only

Patna High Court Cr.Misc. No.54048 of 2015 (2) dt.27-11-2015 2/2 summons have been issued against the accused persons in a complaint case.

It is submitted by learned counsel for the petitioner that now the warrant has been issued against the petitioners. Considering the thrust of accusation against the husband of the complainant, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-II, Madhubani in connection with C.R. Case No. 1019 of 2015(1026/15), subject to the conditions as laid down under Section 438(2) Cr.P.C.

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