Isabuddin @ Sahabuddin And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26912 of 2015 Arising Out of PS.Case No. -26 Year- 2014 Thana -MAHILA P.S. District- ARRARIA ======================================================
1. Isabuddin @ Sahabuddin S/O Md. Jalal
2. Rehana @ Md. Rihan @ Seraj S/O Md. Jalal
3. Md. Jalal S/O Late Furat Ali
4. Khudia Khatoon W/O Md. Jalal All resident of Village Farsadangi P.S. Palasi, District Araria .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. Amrendra Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-07-2015 Heard learned counsels for the petitioners and the State. The petitioners being brothers, father and mother of Babloo with whom the informant claims to have married are apprehending arrest in a case registered for the offences punishable under Sections 498A and 494/34 of the Indian Penal Code.
The basic accusation is of torture and performance of second marriage.
It is submitted by the learned counsel for the petitioners that actually the marriage was not performed. However, the thrust of accusation is against co accused Babloo. Though the petitioners
Patna High Court Cr.Misc. No.26912 of 2015 (2) dt.03-07-2015 2/2 appeared before the police under section 41-A Cr.P.C. and complied the terms of notice but that cannot be treated to be police bail.
Considering the thrust of accusation against co accused Babloo, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned SDJM, Araria in connection with Araria (Mahila) P.S. Case No. 26 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Anil/- U T