Patna High CourtCR. MISC./40004/2013allowed

Md. Alam And ANR. v. The State Of Bihar

2013-12-242 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40004 of 2013 ====================================================== 1.Md. Alam , son of late Sabrati

2. Bibi Sabroon wife of Md. Alam, resident of vill-Palasi Patengna Jhawari, P.S. Tarabari District-Araria.

.... .... Petitioner/s

Versus

1.The State Of Bihar

2. Naseema Khatoon d/o Md. Nasir, r/o vill-Sharif Nagar, Mirzabhag, P.S. Araria, Dist-Araria.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.Md. Naushad Uzzoha For the Opposite Party/s : Mr.Raj Ballabh Singh(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 24-12-2013 Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor.

The petitioners are apprehending their arrest in Complaint Case No. 433 of 2013 under section 498A of the Indian Penal Code.

From the complaint it appears that the petitioners are the

Patna High Court Cr.Misc. No.40004 of 2013 (2) dt.24-12-2013 2 / 2 father-in-law and the mother-in-law of the complainant. It has been submitted by the learned counsel for the petitioners that the petitioners reside separately from their son Md. Haroon who is the husband of the complainant.

The petitioners are directed to implead the complainant as opposite party no.2 in this application.

Issue notice to opposite party no.2 for which the petitioners must file requisites both under registered cover as well as ordinary process within one week after Christmas Holidays. In the meantime, let the petitioners, namely, Md. Alam and Bibi Sabroon, in the event of their arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, be released on provisional bail on furnishing a bail bond of Rs.10,000/(ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria, in connection with Complaint Case No. 433 of 2013, subject to the conditions as laid down under section 438(2) Cr.P.C.

B.Roy/- (V. Nath, J)