IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.35515 of 2010
MD.SHAFIQUE & ORS
Versus
STATE OF BIHAR
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2 16.11.2010 Heard learned counsel for the petitioners as well
as learned counsel for the state.
Admittedly, except petitioner No. 12, all the
petitioners are in-laws of the complainant. It appears that
earlier, Manigachhi P.S. Case No. 80 of 1999 was filed by
the complainant against her husband and petitioner Nos. 4
& 5 who happen to be father-in-law and mother-in-law of the
informant respectively. The aforesaid Manigachhi P.S. Case
No. 80 of 1999 was ended into acquittal on account of
compromise and it appears that a bond was executed on
behalf of the accused persons of the aforesaid case.
Allegedly petitioners did not change their behaviour and the
complainant was again subjected to cruelty. It appears from
perusal of impugned order of learned Sessions Judge that
the prayer for anticipatory bail of these petitioners was
rejected only on the ground of their non-appearance before
the learned trial court. But Annexure-2 the order-sheets of
the above-said case reveals that neither any notice nor any
process was ever served upon the petitioners.
Considering the aforesaid facts and
circumstances, this anticipatory bail petition is allowed. In
2
the event of arrest/surrender within 30 days from receipt of
the order, the petitioners, namely, Md. Shafique, Md.
Rafique, Md. Chhotu, Md. Majid, Phulia Khatoon, Md.
Usman, Md. Taslim, Gulshan Khatoon, Md. Gulfam @
Gulfam, Samina Khatoon @ Samo Khatoon, Momina
Khatoon and Abdul Sultan shall be released on bail on
furnishing bail bond of Rs 10,000/- (ten thousand) each with
two sureties of the like amount each in connection with
Complaint Case No. 849 of 2002 to the satisfaction of Sub
Divisional Judicial Magistrate, Darbhanga subject to
condition as laid down u/S 438(2) of the Cr.P.C,
AKV/- ( Hemant Kumar Srivastava,J.)