Amna Khatoon And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28654 of 2014 Arising Out of PS.Case No. -35 Year- 2013 Thana -KANGALI DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Amna Khatoon Wife of Late Ali Ahmad Ansari
2. Bhushan Singh @ Shashi Bhushan Singh Son of Kameshwar Singh Both residents of village - Bheriharwa, P.S. - Kangali, District - West Champaran .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Arun Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-01-2015 Heard learned counsel for the petitioners and learned counsel representing the State.
The petitioners, apprehending their arrest in connection with Kangali P. S. Case No. 35 of 2013 registered for the offences punishable under Sections 376, 420, 120 (B), 506, 509/34 of the Indian Penal Code seek the privilege of pre-arrest bail. Though after investigation, chargesheet under noncognizable Sections has been submitted and they have been allowed police bail but differing from the police report, cognizance has been taken under those Sections under which F.I.R. was registered. It is submitted that the petitioners have not
Patna High Court Cr.Misc. No.28654 of 2014 (3) dt.07-01-2015 misused the privilege of bail.
In the facts and circumstances of the case as the petitioners have not misused the privilege of bail, it is directed that the petitioners when surrendered in the court below within a period of four weeks from today in the event of their so surrender, they should be continued on bail until trial is over on execution of bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri P.K. Shukla, the learned Judicial Magistrate, 1st Class, Bettiah, West Champaran in connection with Kangali P. S. Case No. 35 of 2013, subject to the condition as laid down under Section 438(2) Cr. P.C. (Jitendra Mohan Sharma, J.) Vats/- U T