Momina And ANR. v. The State Of Bihar
Patna High Court Cr.Misc. No.32269 of 2014 (3) dt.26-03-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32269 of 2014 Arising Out of PS.Case No. -148 Year- 2013 Thana -AWADPUR District- KATIHAR ======================================================
1. Momina Wife of Hanif
2. Mem Son of Hanif Both resident of village- Dharampur, P.S.- Abadpur, District- Katihar .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Helal Ahmad For the Opposite Party/s Mr. Anuj Kumar Srivastava (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 26.03.2015 Heard learned counsel for the petitioners, learned Addl. Public Prosecutor for the State as well as learned counsel for the informant.
At the very outset, it is pointed out that petitioner no.1, namely, Momina has already been arrested. Accordingly, her prayer for anticipatory bail stands dismissed being infructous. So far as petitioner no.2 is concerned, it is submitted that no specific overt-act has been attributed against petitioner no.2 and, as a matter of fact, present case has been lodged on account of land dispute.
It would appear that this case ought to have been listed under the heading for order but inadvertently, it has been listed under the heading admission. Moreover, this petition can be disposed of on the basis of materials available on record.
Patna High Court Cr.Misc. No.32269 of 2014 (3) dt.26-03-2015 Accordingly, in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let petitioner no.2, namely, Mem be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar in Abadpur P.S. Case no. 148/2013 subject to condition as laid down under section 438(2) of the Cr.P.C.
shahid (Hemant Kumar Srivastava,J) U T