Md. Firoz And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58098 of 2015 Arising Out of PS.Case No. -105 Year- 2015 Thana -BALRAMPUR District- KATIHAR =====================================
1. Md. Firoz, Son of Md. Saidul.
2. Md. Saidul, Son of Late Md. Matin.
3. Sujiman Khatoon, Wife of Md. Saidul.
4. Firoza Khatoon, Daughter of Md. Saidul.
All resident of Village - Malikpur, Police Station - Balrampur, District - Katihar.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ===================================== Appearance :
For the Petitioner/s :Mr. Najeeb Ahmad, Adv. For the Opposite Party/s :Mr. Sanjay Kumar Pandey (A.P.P.) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-01-2016 Heard learned counsel, appearing on behalf of the petitioners, and learned Additional Public Prosecutor, appearing on behalf of the State. This application for grant of anticipatory bail arises out of Balrampur P.S. Case No.105 of 2015, disclosing offences under Sections 452 and 376/34 of
Patna High Court Cr.Misc. No.58098 of 2015 (2) dt.25-01-2016 2/3 the Indian Penal Code, Section 3/4 of the Dowry Prohibition Act and Section 10 of Protection of Children from Sexual Offences Act.
Learned counsel, appearing on behalf of the petitioners, has drawn my attention to the statement of the victim, recorded under Section 164 of the Code of Criminal Procedure, which, according to him, falsifies the entire prosecution case. He submits that petitioner No.1 and the alleged victim girl are married and live together.
Considering the facts and circumstances, this application is allowed. Let the petitioner Nos.1 to 4, 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 Special Judge, Katihar, in connection with Balrampur P.S. Case No.105 of 2015, 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 shall present themselves before the police/Court, as the case may be, as and when
Patna High Court Cr.Misc. No.58098 of 2015 (2) dt.25-01-2016 3/3 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