Md. Alam And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19313 of 2016 Arising Out of PS.Case No. -981 Year- 2014 Thana -MUZAFFARPUR TOWN District- MUZAFFARPUR =====================================

1. Md. Alam, Son of late Abdul Rashid.

2. Kaushar Parveen, Wife of Md. Alam.

Both R/o Mohalla-Chaturbhuj Sthan, Sukul Road, P.S.- Town, District-Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Alok Kumar Alok, Adv. For the Opposite Party/s : Mr. Binod Kumar (APP) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-05-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Town P.S. Case No.981 of 2014, disclosing offences under Sections 147, 148, 149, 323, 324, 307 and 506 of the Indian Penal Code.

The petitioners are husband and wife. The

Patna High Court Cr.Misc. No.19313 of 2016 (2) dt.18-05-2016 2/3 petitioner No.1 is the full brother of the informant. Learned counsel, appearing on behalf of the petitioners, appears to be right in his submission that civil dispute between the parties is the reason behind the occurrence and lodging of the First Information Report. It has further been submitted that if the petitioners are granted the privilege of anticipatory bail, there is no likelihood that they shall flee from the course of justice or tamper with the evidence. In view of the submission, as above, this application is allowed.

Let the petitioners, abovenamed, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Muzaffarpur, in connection with Town P.S. Case No.981 of 2014, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners, abovenamed, shall present themselves before the police/Court, as the case may be, as and

Patna High Court Cr.Misc. No.19313 of 2016 (2) dt.18-05-2016 3/3 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.) Praveen-II/- U T