Md. Laddu And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58203 of 2015 DARBHANGA SADAR PS Case No.246/2015 DistrictDARBHANGA =====================================

1. Md. Laddu son of Late Md. Muslim Khalifa,

2. Shahana Khatoon, wife of Md. Laddu. Both are resident village Loam, P.S. Sadar District Darbhanga.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Ram Bali Jha, Advocate For the Opposite Party : Mr. J.N.Thakur, APP ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-02-2016 Heard learned counsel for the petitioners and learned Assistant Public Prosecutor for the State. This application for grant of anticipatory bail arises out of Darbhanga Sadar PS Case No.246/2015 disclosing offences under Sections 341, 323, 324, 307 and 504/34 of the Indian Penal Code read with Sections 25(1-B) and 26 of the Arms Act.

From the First Information Report, it appears that the petitioner No.1 and the informant are full brothers; and petitioner No. 2 is the wife of petitioner No. 1. The occurrence, if any, appears to have taken place over some family disputes between them. It is the submission on behalf of the petitioners that no grievous injury has been alleged

Patna High Court Cr.Misc. No.58203 of 2015 (2) dt.01-02-2016 2/2 and no offence under Section 307 IPC is made out. Levelling of Sections 25(1-B) and 26 of the Arms Act is ornamental in nature.

It is submitted that petitioner No. 1 has no criminal antecedent.

Considering the submission, this application is allowed. It is directed that in the event of their arrest, the petitioners above-named, shall be released 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, Darbhanga, in connection with Sadar PS Case No. 246 of 2015, subject to the conditions as laid down under Section 438(2) CrPC. This is subject to the further condition that the petitioners shall present themselves before the police/Court below, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) mrl U T