Firoz Mian v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79570 of 2019 Arising Out of PS. Case No.-2406 Year-2012 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== 1.
FIROZ MIAN Son of Hamid Mian 2.
Hamid Mian Son of Late Md. Hussain Mian 3.
Abida Khatoon Wife of Hamid Mian All are residents of Village-Raghunathpur Bazar, Police Station-Sugauli, District-East Champaran at Motihari.
... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
Gudiya Khatoon Wife of Firoz Mian and Daughter of Ainul Mian Resident of Village-Machaha, Police Station-Motihari (Muffasil), District-East Champaran at Motihari.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jai Shanker Prasad For the Opposite Party/s :
Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-04-2022 Learned counsel for the petitioners is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.
Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners apprehend their arrest in connection with Complaint Case No. C-2406 of 2012 registered for the offences punishable under Sections 498(A) and 323 of the Indian Penal Code.
No one has appeared for the opposite party No. 2 despite
Patna High Court CR. MISC. No.79570 of 2019(5) dt.22-04-2022 2/3 valid service of notice.
It has been submitted by learned counsel for the petitioners that both the parties have entered into a compromise and parted their ways and in support of the same, he has taken this Court to Annexure-2.
Considering the above, the prayer of the petitioners for grant of anticipatory bail is allowed.
Accordingly, let the petitioners above named be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Motihari or his successor, in connection with Complaint Case No. C-2406 of 2012, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. At the time of accepting the bail bond, the Court below will verify the fact as to whether the parties have entered into a compromise or not. If the compromise is found genuine, the bail bond of the petitioner will be accepted and if the complainant denies the compromise petition then the petitioner shall be taken into custody.
With the aforesaid observations and directions, the
Patna High Court CR. MISC. No.79570 of 2019(5) dt.22-04-2022 3/3 application for anticipatory bail is allowed. (Sandeep Kumar, J) Saif/- U T