Haidar Hussain @ Haider Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89930 of 2024 Arising Out of PS. Case No.-274 Year-2024 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== 1 .
Haidar Hussain @ Haider Ali Mohammad Hussain @ Md. Hussain R/O Village- Sisai, P.S- Baikunthpur, District - Gopalganj 2.
Rasula Bibi @ Bismilla Bibi @ Rashula Bibi@ Rasula Vivi W/O Mohammad Hussain @ Md. Hussain R/O Village- Sisai, P.S- Baikunthpur, District - Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Lokesh Kumar Singhm, Advocate For the Opposite Party/s :
Mr. Sharda Kumari , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-01-2025 Heard learned counsel for the petitioners and the State .
2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 376, 506 and 34 of Indian Penal Code .
3 . The prosecution case in brief, is that informant had illicit relation with co-accused Munna Hussain and when she got pregnant from him she told the same to Munna Hussain who assured that he will marry her and after giving birth to child Munna Hussain took away the informant to Chennai and after 9 days he left her. It is further alleged that after the incident, she got married to one Akhilesh Kumar Singh and
Patna High Court CR. MISC. No.89930 of 2024(2) dt.29-01-2025 2/3 then Munna Hussain again called her and she returned after few days and again he left her. When she told to let her stay in her matrimonial house then all the accused persons including these petitioners assaulted and threatened her with dire consequences.
4. It is submitted on behalf of the petitioners that specific accusation is against Munna Hussain . Petitioner No. 1 is brother and petitioner No. 2 is mother of co-accused Munna Hussain . It is further submitted that informant is major and is a married woman and there is absolutely no allegation against these petitioners and they have been made accused in this case only because they happens to be the family members of coaccused Munna Hussain . Petitioners claim clean antecedent. 5 . Learned counsel for the State opposed the bail petition .
6 Considering the fact that specific accusation is against Munna Hussain , clean antecedent of these petitioners and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class Gopalganj in connection with Baikunthpur
Patna High Court CR. MISC. No.89930 of 2024(2) dt.29-01-2025 3/3 P.S. Case No. 274 of 2024 , subject to the conditions laid down under section 482 ( 2 ) of the Bharatiya Nagarik Suraksha Sanhita ( BNSS) , 2023 .
(Prabhat Kumar Singh, J) Koushik/- U T