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Patna High Court - Orders

Md. Serajuddin & Ors. vs State Of Bihar & Anr on 2 August, 2014

Author: Mihir Kumar Jha

Bench: Mihir Kumar Jha

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.21563 of 2014
                  Arising Out of Complaint.Case No. -539 (C) Year- 2007 Thana -NALANDA COMPLAINT CASE
                                             District- NALANDA (BIHARSHARIFF)
                 ======================================================
                 1. Md. Serajuddin S/o Late Enait Ali
                 2. Munni @ Najma Khatoon @Najma
                 3. Shahina Praveen
                 4. Reshma Khatoon @ Reshma Perween.
                 All 2 to 4 are D/o Md. Serajuddin Resident of Mohalla Rahmanchak, Zobra
                 Road, P.S. Malgodam, District Katak, Orissa.

                                                                              .... ....   Petitioner/s
                                                 Versus
                 1. The State of Bihar.
                 2. Saista Praveen D/o Shahabuddin Resident of Village Nasirpur Bagichha,
                 P.S. Bihar, District Nalanda.

                                                                .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr. Rakesh Kumar Chandram, Adv
                 For the Opposite Party/s   : Mr. Anita Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA
                                             ORAL ORDER

2   02-08-2014

Heard learned counsel for the parties.

Having regard to the nature of allegation against the petitioners for the offences punishable under Sections-323, 504, 498A, 379/34 of the Indian Penal Code and that the petitioner no. 1 is the Father-in-law, petitioner nos. 2, 3 and 4 are Sister-in-laws and that according to learned counsel for the petitioners the divorce of the opposite party no. 2 had already taken place on 03.05.2007 before filing of the complaint on Patna High Court Cr.Misc. No.21563 of 2014 (2) dt.02-08-2014 2 19.05.2007, this Court by also taking into account that they have got no criminal antecedent would direct the petitioners namely, Md. Serajuddin (petitioner no. 1), Munni @ Najma Khatoon @ Najma (petitioner no.

2), Shahina Praveen (petitioner no. 3) and Reshma Khatoon @ Reshma Perween (petitioner no. 4), to surrender within a period of four weeks from today and if the petitioners does so, they would be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Biharsharif in connection with Complaint Case No. 539(C) of 2007 subject to the conditions laid down under Section- 438 (2) Cr. P.C and also subject to the following three conditions:-

(i) The two bail bonds will be furnished, by a close family relative of the petitioners.
(ii) The petitioners will remain present in course of trial on each and every day and their Patna High Court Cr.Misc. No.21563 of 2014 (2) dt.02-08-2014 3 absence on two consecutive dates would automatically entail the consequences of cancellation of their bail.
(iii) The petitioners in case is now made accused in any other criminal case, that by itself would lead to cancellation of their bail.

(Mihir Kumar Jha, J) Ranjan/-

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