Dilbas Mian And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49680 of 2014 Arising Out of PS.Case No. -501 Year- 2012 Thana -EAST CHAMPARAN COMPLAINT DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Dilbas Mian s/o Habib Mian

2. SK. Irshad s/o late Diljaan Mian Both are Resident of village - Sakhauna, P.S.- Ghorashan Disst- East Champaran, Motihari .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar Pandey For the Opposite Party/s : Mr. Shailendra Kumar-Ii(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 15-05-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Complaint Case No. 501 of 2012 in which, cognizance has been taken under Section-376 of the Indian Penal Code. The contention on behalf of the petitioners is that the complainant is a lady of questionable character and prior to this case, she had filed cases against innocent persons with an intention to fetch money from them. It is further pointed out by him that there was dispute between the complainant and her agnates and petitioners were witnesses in the aforesaid dispute and that is the reason, the complainant has brought this false case. It is further

Patna High Court Cr.Misc. No.49680 of 2014 (3) dt.15-05-2015 2/2 contended by him that much prior to filing of the present complaint, a proceeding u/S 107 of the Cr. P.C. had also been initiated against the petitioner No. 1. It is further contended by him that moreover, even if, contents of complaint petition assumed to be true, then also, it would appear that the complainant was a consenting party.

Considering the facts and circumstances of the case as well as submission of the parties, let the petitioners named above, in the event of their arrest or surrender within four weeks from the date of receipt/production of copy of the order in the court below, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Complaint Case No. 501 of 2012 to the satisfaction of Learned Judicial Magistrate-Ist Class, Sikrahana, Motihari.

(Hemant Kumar Srivastava, J) A.K.V./- U T