Patna High CourtCR. MISC./42300/2016bail granted

Md.Namiruddin @ Namiruddin And ORS v. The State Of Bihar

2016-10-05Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42300 of 2016 Arising Out of PS.Case No. -7 Year- 2016 Thana -AWADPUR District- KATIHAR ======================================================

1. MD.NAMIRUDDIN @ NAMIRUDDIN S/o Late Asiruddin

2. Amina Khatoon W/o Late Asiruddin

3. Rofeza Khatoon @ Roteza Khatoon W/o Md. Amin All resident of Village- Sakpan, P.S.- Abadpur, District- Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Sri Ahtash Ali Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-10-2016 Heard learned counsel for the parties.

This application for grant of anticipatory bail arises out of Abadpur P.S. Case No. 07 of 2016, disclosing offences under Sections 376,313 and 120B of the Indian Penal Code. A complaint petition filed by the informant is the basis for registration of the present First Information Report. Petitioner No.1 is brother of the husband of the informant and petitioner No.2 is the is the mother-in-law of the informant, whereas, petitioner No.3 is wife of one of the brothers of the deceased husband of the informant.

Learned counsel for the petitioners appears to be correct in his submission that main allegation is against accused Rahimul

@ Boka and there is no specific allegation against these petitioners in the complaint petition.

Considering the above, this application is allowed. Let the petitioners above named, in the event of their arrest/surrender within four weeks from today 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 to the satisfaction of the learned Chief Judicial Magistrate, Katihar, in Abadpur P. S. Case No. 07 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/-c U