High Court Patna High Court - Orders

Md.Rafik &Amp; Ors vs State Of Bihar on 23 August, 2010

Patna High Court – Orders
Md.Rafik &Amp; Ors vs State Of Bihar on 23 August, 2010
                IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Cr.Misc. No.26330 of 2010
                      1. MD.RAFIK MOULVI
                      2. MD AINUL HAQUE
                      3. BIBI FARHANA
                      4. BIBI NURJEHAN
                      5. BIBI FARJAN ALI
                      6. BIBI SAKILA
                              ------------------------ PETITIONERS
                                               Versus
                                     STATE OF BIHAR
                                            -----------

2 23.8.2010 Heard learned counsel for the parties.

The submission of learned counsel for

the petitioners is that Co-accused Md. Mokrim is

only alleged for having sexual intercourse with

the informant, assuring to marry as her husband

was in Delhi for his livelihood. Petitioners are

alleged for not accepting her when she came to

said Md. Mokrim. Act of the informant and Md.

Mokrim may be said immoral, balancing more to

informant’s side but never may be directed

towards petitioners’ side for any criminality,

justifying refusal of their anticipatory bail.

In the facts of the case, prayer for

anticipatory bail is allowed.

In the event of arrest or surrender

within one month from the date of communication

of this order, the above named petitioners shall

be released on bail on furnishing bail bond of

Rs. 10,000/-(ten thousand) each with two
2

sureties of the like amount each to the

satisfaction of Sub-Divisional Judicial

Magistrate, Birpur, Supaul in Birpur P.S. Case

No. 43 of 2009, subject to the condition as laid

down under section 438(2) Cr.P.C.

AI                                      ( Mandhata Singh, J.)