IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.2355 of 2011
1.MD. SALIM SHAH
2.MD. SHAKIL SHAH @ SHAKIL SAH
3.MD. WAKIL SHAH, ALL SONS OF MAHROM NASRUDDIN SHAH
4.SARFUN KHATUN WIFE OF MD. SAKIL SAH
5.BADRUN KHATOON WIFE OF MD. WAKIL SAH
6.CHUNI KHATOON D/O MD. NASRUDDIN SAH
ALL RESIDENT OF VILLAGE MALHAD, P.S. GOH, DISTRICT
AURANGABAD----------------------------------------------------------PETITIONERS
Versus
1.THE STATE OF BIHAR
2.NURESA KHATOON W/O MD. SHALIM SHAH @ GUDDU, RESIDENT OF
VILLAGE NALHAD, P.S. GOH, DISTRICT AURANGABAD, AT PRESENT
RESIDING AT VILLAGE BISTOLL, P.S. KORANA, DISTRICT JEHANABAD
-----OPP. PARTIES
-----------
2. 23.02.2011 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
The petitioner No.1 being husband and petitioner
Nos. 2 to 6 being the family members of the husband are
apprehending their arrest in a Complaint case in which
cognizance has been taken against them under Section
498A of the Indian Penal Code.
Learned counsel for the petitioners submits that he is
ready to keep the complainant as wife with full dignity and
honour.
Learned counsel for the petitioners is permitted to
add the complainant as opposite party No.2.
Issue notice to opposite party No.2. Requisites both under
registered cover and ordinary process must be filed within two
2
weeks, failing which the application shall stand rejected without
further reference to a Bench.
Let the ordinary process be served upon the complainant
through her Lawyer appearing in the court below.
Let the petitioner No.1 and opposite party No.2 appear
before this Court on 17th May, 2011 at 2.10 P.M. in Chambers.
In the meantime, no coercive steps shall be taken against
the petitioner No.1 Md.Salim Shah in Complaint Case No.
423(C)/2007.
In view of the stand of the husband, let petitioner Nos. 2 to
6, namely, Md.Shakil Shah @ Shakil Sah, Md.Wakil Shah,
Sarfun Khatun, Badrun Khatoon and Chuni Khatoon, in the
event of their arrest or surrender in the court below, be released
on bail on furnishing bail bond of Rs.10,000/-(Rupees ten
thousand) each with two sureties of the like amount each to the
satisfaction of Sub-Divisional Judicial Magistrate, Jehanabad, in
Trial No. 627 of 2010, arising out of Complaint Case No. 423 of
2007, subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure.
(Dinesh Kumar Singh,J.)
Spal/