Md. Asraf Ali @ Laddu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46713 of 2023 Arising Out of PS. Case No.-2 Year-2022 Thana- BISFI (PATAUNA) District- Madhubani ====================================================== 1.
MD. ASRAF ALI @ LADDU Son of Md. Khalil Resident of village - Durjaulia, P.S. - Bisfi, Distt - Madhubani 2.
Ummat Khatun @ Ummat Pravin Wife of Md. Asraf Ali Resident of village - Durjaulia, P.S. - Bisfi, Distt - Madhubani 3.
Md. Asgar Ali @ Md. Agar Ali @ Shami Son of Md. Khalil Resident of village - Durjaulia, P.S. - Bisfi, Distt - Madhubani ... ... Petitioners
Versus
1.
The State of Bihar 2.
Irfana Begam Wife of Md. Asraf Ali @ Laddu Resident of village - Durjaulia, P.S. - Bisfi, Distt - Madhubani ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Soban Asghar, Advocate For the Opposite Party/s :
Mr.Rajendra Prasad Nat, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-07-2024 Heard learned counsel for the parties.
2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 341,323, 494,498A/34 of the Indian Penal Code.
3. As per the prosecution case, informant was married to Md. Afzal Ali @ Guddu in 2001 and out of the wedlock they have five children. At 8 pm on 24.12.2021 while the informant was at her parents house, all the FIR named accused persons and these petitioners were trying to perform Nikah of informant's husband with a minor girl of the village and when the same was objected to by the informant, the accused persons including her husband brutally assaulted her.
4. Petitioners are in-laws of the informant. Learned
Patna High Court CR. MISC. No.46713 of 2023(7) dt.22-07-2024 2/2 counsel appearing for the petitioners, while denying the allegations, submits that the informant is a lady of high ambition and she resides at the house of her parents. Thrust of allegation is against the husband of the informant. However, petitioners are ready to keep the informant at her in-laws house with dignity and love.
5. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let all the petitioners, as named above, 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 Additional Chief Judicial Magistrate Ist class, Benipatti, Madhubani, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Shashi U T