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Patna High CourtCR. MISC./11029/2014disposed

Sallauddin @ Sallauddin Mian And ORS v. The State Of Bihar

2015-01-283 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11029 of 2014 Arising Out of PS.Case No. -123 Year- 2013 Thana -EAST CHAMPARAN COMPLAINT DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sallauddin @ Sallauddin Mian Son of Ezazul Mian

2. Jamaluddin @ Jamalluddin Mian Son of Ezazul Mian

3. Noorain Son Of Ismail Mian

4. Sahnawaj @ Sahnwaj Mian Son Of Jalil Mian

5. Jayshi Khatoon Wife Of Ezazul Mian

6. Hasantara Khatoon @ Santara Khatoon Wife Of Karmullah

7. Ezazur Rahman @ Ezazul Mian Son Of Late Aziz Mian All Residents Of Village-Bara Hardia, P.O. And P.S.-Kudwa, Chainpur, District- East Champaran .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sajana Khatoon, w/o. Sallauddin Main, d/o Merajul Mian, Village Bara Hardia, P.O. & P.S. Kundwa Chainpur, Dist. East Champaran. .... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Pravin Kumar,Advocate For OP No. 2 Mr. Sunil Kumar III, Advocate For the Opposite Party/s : Mr. J.K.Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 28-01-2015 Heard learned counsel for the petitioners and learned APP for the State.

2. It is stated that petitioner no. 4, namely, Sahnawaj @ Sahnawaj Mian has since been arrested and as such his anticipatory bail application has become infructuous. As prayed, the anticipatory bail application in respect of petitioner no. 4 is permitted to be withdrawn and is dismissed as such.

Patna High Court Cr.Misc. No.11029 of 2014 (4) dt.28-01-2015

3. The petitioner nos. 1, 2, 5 and 6 apprehend their arrest for the offences alleged under Sections 498A, 323, 504. 379 IPC and Sections 3 and 4 of the D.P. Act registered in connection with Complaint Case No. 123 of 2013, Trial No. 3447 of 2013.

4. Pursuant to the order dated 13.01.2015 the petitioner no. 1 and Opposite party No. 2 are personally present in the Court and reiterated their willingness to reunite and live together harmoniously after leaving the Court premises together today.

5.

It is further submitted that due to communication gap the petitioner nos. 1, 2, 5 and 6 could not furnish the bail bonds in terms of order dated 11.07.2014.

6. Having regard to the entirety of the facts and circumstances of the case, in the event of arrest or surrender by petitioner nos. 1, 2, 5 and 6 before the court below within six weeks from the date of communication of this order, let the above named petitioner nos. 1, 2, 5 and 6 be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate Ist Class, Sikrahana at Motihari , in connection with Complaint Case No. 123 of 2013, Trial No.

Patna High Court Cr.Misc. No.11029 of 2014 (4) dt.28-01-2015 3447 of 2013 subject to the conditions as laid down under Section 438 (2) Cr. P. C.

(Vikash Jain, J) Chandran U T