Md. Enam And ANR. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52165 of 2015 Arising Out of PS.Case No. -330 Year- 2015 Thana -SHEKHPURA COMPLAINT CASE DistrictSEKHPURA ======================================================
1. Md. Enam Son of Late Malick Rasid
2. Md. Faizan, son of Md. Abuzar Both Resident of village- Asthawan, P.S.- Karandei, District- Sheikhpura .... .... Petitioner/s
Versus
1. The State of Bihar
2. Rubina Naz, Daughter of Md. Ehsanul Haque, Resident of villageArha, District- Jamui .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pankaj Kumar For the Opposite Party/s : Mr. Khurshid Anwar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-11-2015 Petitioners being father and nephew of the husband of the complainant are apprehending their arrest in a complaint filed with accusation under Sections 341, 342, 448, 379, 380, 354, 498A, 307, 504, 506, 341 of the Indian Penal Code.
The basic accusation is of torture.
It is submitted by learned counsel for the petitioners that petitioner No. 1 is aged about 99 years old and petitioners were accused in a case earlier filed by the complainant being Sheikhpura Mahila P.S. Case No. 8 of 2015 registered under Sections 341, 342, 448, 379, 380, 354, 498A, 307, 504, 506, 34 of the Indian Penal Code but after grant of bail in the earlier case the present case has been lodged. The
Patna High Court Cr.Misc. No.52165 of 2015 (2) dt.09-11-2015 2/2 husband of the complainant has not been made accused in the present case.
Considering the nature of accusation and the fact that in the earlier case filed by the complainant against the petitioners, the petitioners have been granted bail, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory 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 Additional Chief Judicial Magistrate, Sheikhpura in connection with Complaint Case No. 330C of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T