Md. Nayeem @ Md. Naim And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27143 of 2017 Arising Out of PS.Case No. -22 Year- 2017 Thana -MAHESI District- SAHARSA ======================================================

1. Md. Nayeem @ Md. Naim , Son of Late Buchchi,

2. Kalila Khatoon, W/o Md. Nayeem @ Md. Naim,

3. Gaffar @ Md. Gaffar.

4. Sattar @ Md. Sattar.

Both Son of Md. Nayeem @ Md. Naim.

5. Nasima Khatoon , W/o Sattar @ Md. Sattar,

6. Parabina Khatoon, W/o Gaffar @ Md. Gafar.

All Resident of Village- Lakshminiya, P.S.- Maheshi, District- Saharsa, Bihar.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Abdus Shakoor For the Opposite Party/s : Mr. Ahmad Ali ======================================================

CORAM:

HONOURABLE MR.

JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-07-2017 Heard the parties.

This application, for grant of anticipatory bail, arises out of Maheshi P.S. Case No. 22 of 2017, disclosing offences under Section 366A read with Section 34 of the Indian Penal Code.

Learned counsel for the petitioners has submitted, referring to the statement of the victim, recorded under Section 164 Code of Criminal Procedure, that the entire case of the prosecution stands demolished. The alleged victim herself admitted in her statement that she has solemnized marriage

Patna High Court Cr.Misc. No.27143 of 2017 (2) dt.01-07-2017 2/2 with accused Md. Jabbar.

Considering the statement of the alleged victim, recorded under Section 164 Code of Criminal Procedure, this application is allowed. Let the petitioners, above named, 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-II, Saharsa, in connection with Maheshi P.S. Case No. 22 of 2017, 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 required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bond shall be liable to be cancelled. (Chakradhari Sharan Singh, J.) Praveen-II/- U √ T √