Saleha Khatoon @ Salaha Khatoon And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34035 of 2016 Arising Out of PS.Case No. -95 Year- 2013 Thana -GARHPURA District- BEGUSARAI ======================================================

1. Saleha Khatoon @ Salaha Khatoon W/o Md. Ashique.

2. Md. Ashique S/o Md. Abdul Kayum Ansari, Both Resident of Village- Malipur, Police Station- Garhpura, District- Begusarai.

.... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Abhimanyu Sharma, Adv. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-09-2016 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 448, 341, 323, 307, 325, 504 and 506/34 of the Indian Penal Code registered in connection with Garhpura P.S. Case No. 95 of 2013.

3. It is submitted that the petitioners have been falsely implicated as the accusations in the F.I.R. are completely improbable. There is inordinate delay of over one month in instituting the F.I.R. on 18.09.2013 for the alleged occurrence of 17.08.2013. The informant's subsequently death occurred due to septicemia. Similarly situated co-accused Md. Nayeem against whom thrust of the accusations have been made, has been granted anticipatory bail by this Court in Criminal Miscellaneous No. 10201 of 2016. Petitioners claim clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of

Patna High Court Cr.Misc. No.34035 of 2016 (2) dt.05-09-2016 communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Begusarai in connection with Garhpura P.S. Case No. 95 of 2013, subject to the conditions as laid down under Section 438 (2) Cr.P.C. (Vikash Jain, J) Md. Ibrarul/BT U T