Sadre Alam @ Mohan And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.4091 of 2017 (7) dt.03-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4091 of 2017 Arising Out of PS.Case No. -392 Year- 2016 Thana -SITAMARHI District- SITAMARHI ======================================================

1. Sadre Alam @ Mohan, son of Late Rasool Ansari,

2. Md. Kasim Ansari, Son of Late Rasool Ansari,

3. Md. Ida Hussain, Son of Sadre Alam @ Mohan.

4. Md. Fida Hussain, Son of Sadre Alam @ Mohan, All resident of Village- Kapraul, P.S. Riga, District- Sitamarhi. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Sri Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-10-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Sitamarhi P.S. Case No. 392 of 2016, registered under Sections 384, 323 and 504 of the Indian Penal Code. The accusation is that marriage of Noor Alam, son of complainant, was performed with Rahima Khatoon, daughter of petitioner no. 1 and sister of petitioner nos. 3 and 4. On 02.05.2016, accused-petitioners came at the house of the complainant and asked that Rahima Khatoon is ill and she wants to meet her husband, on which, Noor Alam, son of the complainant, went at the house of the petitioners but he did not

Patna High Court Cr.Misc. No.4091 of 2017 (7) dt.03-10-2017 return. The informant raised suspicion about concealing of his son, Noor Alam, by the petitioners with intention to kill him. Learned counsel for the petitioners submits that admittedly petitioners are father, uncle and brothers of Rahima Khatoon, whose marriage was performed with Noor Alam, son of complainant, and due to ill behviour, Rahima Khatoon used to live at her Maika and Rahima Khatton, daughter of petitioner no. 1, lodged Complaint Case No. C-1/621 of 2016 in the court of Chief Judicial Magistrate, Sitamarhi, due to that reason the present case has been lodged only to give undue pressure.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi, in connection with Sitamarhi P.S. Case No. 392 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T