Naimul Haque And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11454 of 2015 Arising Out of PS.Case No. -235 Year- 2014 Thana -MEERGANJ District- GOPALGANJ ======================================================
1. Naimul Haque Son of Abdul Aziz
2. Najara Khatoon @ Najra Khatoon Wife of Naimul Haque
3. Jamshed Alam Son of Naimul Haque .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Irshad Ahmad Khan, Advocate For the Opposite Party/s : Mr. Abhay Kumar-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-04-2015 Heard learned counsels for the petitioners and the State.
The petitioners being the parents and brother of husband of the informant are apprehending arrest in a case registered for the offences punishable under Sections 341/323/376/511/498A/34 of the Indian Penal Code. Basic accusation is of torture. It is allege against petitioner no.3 that he tried to establish physical relationship forcefully with the informant in absence of her husband. Considering the nature of accusation against petitioner no.3, this Court is not inclined to grant anticipatory bail to the petitioner.
Let the learned Court below consider the prayer for
Patna High Court Cr.Misc. No.11454 of 2015 (2) dt.28-04-2015 2/2 regular bail of the petitioner, if the petitioner surrenders within a period of six weeks.
With the above observation, this application with respect to petitioner no.3 only is, accordingly, disposed off. So far as petitioner nos. 1 and 2 are concerned considering the omnibus and general nature of allegation, let them 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) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj in connection with Mirganj P.S. Case No.235 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T