Farman Mian @ Farman And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31288 of 2017 Arising Out of PS.Case No. -151 Year- 2017 Thana -LAURIYA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Farman Mian @ Farman, s/o late Khodrat Mian
2. Meena Khatoon, w/o Farman Mian @ Farman
3. Jafrun Nesha, w/o Jumman Mian
4. Jifran Mian @ Jafram Mian, S/o Farman Mian @ Farman All resident of Village- Baswariya Deoraj, Tola Naya Basti, P.S.- Lauriya, District- West Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Aiyasha Khatoon, W/o Sarfaroz Mian, D/o Shafi Mian, resident of Village- Bagahi Deoraj, P.S.- Lauriya, District- West Champaran. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate For the Opposite Party/s : Mr. Manoj Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 31-07-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Lauriya P.S. Case No. 151 of 2017 instituted for the offence under Sections 341, 323, 498A, 506 and 34 of the Indian Penal Code. It has been submitted that petitioners are parents-inlaw and married Nanad and Dewar of the informant. There is general and omnibus allegation against them. There was no such type of injury as mentioned by the informant in the written report that petitioner No. 1 assaulted the informant in her stomach by leg
Patna High Court Cr.Misc. No.31288 of 2017 (3) dt.31-07-2017 2/2 due to which her two months pregnancy was terminated. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Lauriya P.S. Case No. 151 of 2017, they shall 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 Chief Judicial Magistrate, Bettiah, West Champaran, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,
(2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) S.Ali/- U T