IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.32078 of 2011
1. Sk. Samsul @ Samsul Haque son of Fazlur Rahman,
2. Nazmun Khatoon wife of Sk. Samsul @ Samsul Haque,
3. Sk. Saheb son of Sk. Samsul @ Samsul Haque,
4. Sk. Imteyaz son of Sk. Samsul @ Samsul Haque,
5. Sk. Istekhar son of Sk. Samsul @ Samsul Haque,
6. Misrun Nessa wife of Sk. Saheb,
7. Saleya Khatoon wife of Sk. Istekhar,
8. Shahnaz Khatoon wife of Sk. Imteyaz &
9. Sk. Faiyaz son of Sk. Samsul Haque ...Petitioners
Versus
The State Of Bihar & Anr. ...Opposite Parties
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2/ 21.11.2011 Heard learned counsel for the petitioners and the State.
The petitioners seek anticipatory bail in a case instituted
for the offence under sections 323, 498-A of the Indian Penal Code
and section ¾ of the Dowry Prohibition Act.
It has been submitted that now parties have
compromised between themselves and the complainant is ready to
appear before the Court below and make such statement.
In view of such, in the event of surrender of the
petitioners, named above, within four weeks from the date of receipt
of a copy of this order in connection with Complaint Case No.661-C
of 2010, they shall be released on anticipatory bail provisionally for
a period of three months from the date of receipt/production of a
copy of this order on furnishing bail bond of Rs.5,000/-(five
thousand)each with two sureties of the like amount each to the
satisfaction of the Sub-Divisional Judicial Magistrate, Bettiah, West
Champaran, subject to conditions as laid down under section 438 (2)
Cr. P.C., and (i) That one of the bailors will be a close relative of the
petitioners, who will give an affidavit giving genealogy as to how he
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is related with the petitioners. The bailors will undertake to furnish
information to the court about any change in the address of the
petitioners, (ii) That the petitioners will be well represented on each
date and if they fail to do so on two consecutive dates, their bail will
be liable to be cancelled.
During the period of provisional bail, the complainant
shall appear before the Court below and give appropriate statement.
If she supports the factum of compromise, the petitioners’
provisional bail shall be confirmed.
The Court below will also consider dropping the
proceeding after the statement of the complainant in accordance
with law.
JA/- (Anjana Prakash,J.)