Shekh Hafiz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73793 of 2019 Arising Out of PS. Case No.-302 Year-2018 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

Shekh Hafiz, Son of Late Sk. Sahid 2.

Sabila Khatoon, Wife of Shekh Hafiz 3.

Md. Safiullah @ Safiullah, Son of Shekh Hafiz, All Resident of Village - Shankar Saraiya, Fateh Tola, P.S. - Turkauliya, Distt - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha, Advocate For the Opposite Party/s :

Mr. Ashok Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-11-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 363, 366, 498 and 379/34 of the Indian Penal Code.

As per the allegation in the FIR, as per the informant, petitioners are said to have taken away the informant's wife for the purpose to marry her to some other person. It is submitted by learned counsel for the petitioners that the petitioners are the father-in-law, mother-in-law and brother-in-law of the informant. It is further submitted that from the FIR itself it would transpire that the informant being married to the daughter of the petitioner no. 1 and 2, the allegations in

Patna High Court CR. MISC. No.73793 of 2019(2) dt.20-11-2019 2/2 the FIR were beyond imagination and preposterous. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from the date of receipt of the order, 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, Motihari, East Champaran in connection with Turkauliya (Banjariya) Police Station Case No. 302 of 2018, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. (Partha Sarthy, J) Kundan/- U T