Md. Samsul And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34560 of 2017 Arising Out of PS.Case No. -42 Year- 2017 Thana -BHAWANIPUR District- PURNIA ======================================================

1. Md. Samsul, Son of Jahani Sahani,

2. Rabida Khatoon, W/o Md. Samsul , R/o Village- Jabe, P.S.- Bhawani Pur, District- Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party/s : Mr. Anil Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-07-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Bhawanipur P.S. Case No. 42 of 2017 instituted for the offence under Sections 376, 341, 323, 379, 504, 506 and 34 of the Indian Penal Code. As per written report there is specific allegation against Md. Arif of establishing physical relationship with the victim girl on the pretext of performing marriage with her. These petitioners are father and mother of Md. Arif. There is general and omnibus allegation against these petitioners. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within

Patna High Court Cr.Misc. No.34560 of 2017 (2) dt.25-07-2017 2/2 six weeks from today, in connection with Bhawanipur P.S. Case No. 42 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Purnea, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions

(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) S.Ali/- U T