IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28886 of 2011
1.Md. Shani Ansari @ Md. Shani, Son of Yasin Mian.
2.Jhagroo Ansari @ Jahagroo Mian, Son of Idrish Mian.
3.Atiullah Ansari, Son of Late Molbi Mian.
4.Akbar Mian, Son of Late Doma Mian.
5.Irshad Mian @ Irshad Ali, Son of Jhagroo Mian.
All Resident of Village Dudahi Madarsatola, P.S. Harsidhi, District East
Champaran.
----------Petitioners
Versus
The State Of Bihar
---------Opposite Party
-----------------
02/- 19.09.2011 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
All the five petitioners apprehend their arrest in
connection with a case registered for the offence punishable under
Sections 448, 323, 504, 376, 511/34 of the Indian Penal Code, are
named accused in this case, wherein, the main grievance appears
against petitioner nos. 1 and 2.
Submission is that the parties are related to each
other and settled their dispute, accordingly, petition of
compromise under their dual signatures have already been filed.
Considering the facts and circumstances of the case, in
the event of informant appearing before the court below
supporting the factum of compromise with her free will and
consent without any coercion and her husband stood as one of the
bailors, in the event of their arrest/surrender before the court
below within four weeks, let the above named petitioners be
enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand only) each with two sureties of the like amount each to
the satisfaction of Chief Judicial Magistrate, Motihari, East
Champaran, in connection with Harsidhi P.S. Case No. 283 of
2010, subject to condition laid down under Section 438(2) of the
Criminal Procedure Code with additional condition to remain
physically present before the court below on each and every date
at least for two years or till disposal of the case, whichever is
earlier, in case of failure on two consecutive dates, without giving
any reasonable explanation, the liberty granted shall be deemed to
be cancelled.
Praveen/- ( Akhilesh Chandra, J.)