Jalil Mian And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46099 of 2014 Arising Out of PS.Case No. -1162 Year- 2014 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================
1. Jalil Mian son of late Sahebjan Mian
2. Mahludan Khatoon, wife of Jalil Mian
3. Sher Mohammad, son of Jalil Mian
4. Salma Khatoon, wife of Sher Mohammad
5. Khurshid Mian, son of Jalil Mian
6. Imam Harun, son of Jalil Mian
7. Mala Khatoon, wife of Sharif Mohammad All residents of village Dhodhwaia, P.S.- Kuchaikot, District- Gopalganj. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : None For the Opposite Party/s : Mr. J.N. Thakur (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 20-05-2015 Nobody appears on behalf of the petitioner. Mr. Thakur, APP is present.
Mr. Thakur states that petitioners are in-laws of the complainant and facing accusations punishable under Sections 498A and 406/34 of the Indian Penal Code. The husband has not been made accused.
From the impugned order, it appears that the petitioners took the plea that it is the husband who got the case instituted for exerting pressure for partition in the family. In the facts and circumstances of the case, in the event of arrest or surrender in the Court below within four weeks, the
Patna High Court Cr.Misc. No.46099 of 2014 (3) dt.20-05-2015 2/2 petitioners abovenamed are directed to be released on 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 Chief Judicial Magistrate, Gopalganj in Complaint Case No. 1162 of 2014 (Tr. No. 1430 of 2014) subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions:
(I) One of the bailers shall be the own/close family members of the petitioners.
(ii) In case of framing of charge, the petitioners shall appear in person on each and every date fixed in the Court below. In case of default on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioners secure their arrest in accordance with law.
(Kishore Kumar Mandal, J) Pankaj/- U T