IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33687 of 2009 1.NOOR ALAM son of late Shahabuddin 2.Md. Masud 3.Siraj Alam 4.Md. Meraj Alam, all sos of Md. Noor Alam 5.Julekha Bano wife of late Tanveer Alam 6.Sogufta @ Sogufta Praveen wife of Md. Masud Alam, all are resident of Village Ghordaur, P.S.Salkhua, Dist. Saharsa….Petitioners. Versus STATE OF BIHAR ----------- 4 30.3.2010 Heard Mr. Shakeel Ahmad Khan, learned senior counsel appearing for the petitioners, Mr. Ram Priyasharan Singh, learned A.P.P. for the State and Mr. Vikramdeo Singh, learned counsel appearing for the informant. Six petitioners are apprehending their arrest in connection with Salkhua P.S. case No. 151 of 2009 dated 24.7.2009 registered under sections 147, 148, 323, 504 and 498 A of the Indian Penal Code. It is submitted by learned senior counsel appearing for the petitioners that petitioners are separate in mess and business with the husband of the informant and they being the in-laws of the informant, the offence under section 498 A of the Indian Penal Code may not be applicable against them. He submits that the other offences of the Indian Penal Code are bailable and, therefore, petitioners are entitled to have the privilege of anticipatory bail. It is further pointed out that petitioner no.5, - 2 - Julekha Bano and petitioner no.6 Sogufta @ Sogufta Parveen are ladies and they are the Nanad (sister-inilaw) and Gotani (sister- in- law) of the informant. Petitioner no.1 Md. Noor Alam, father- in-law of the informant is said to be an old man aged about 70 yerars. Petitioners no.2 , 3 and 4 are Devars, younger brothers of the husband of the informant. Learned counsel appearing for the State as also the informant have drawn the attention of this court towards the injury report in paragraphs 51 and 90 of the case diary. According to the injury report informant sustained multiple injury on her person and the nature of the one injury is said to be grievous. It is further pointed out that so far petitioners no. 2, 3 and 4 are concerned, there is specific role assigned to them for causing some injury to informant as a result of which informant suffered miscarriage. It is also submitted that direction has been issued to submit charge sheet against the accused persons under section 307 as also under section 316 of the Indian Penal Code. Be that as it may, in the facts and circumstances of the case, and in view of the fact that petitioner no.1 Md. Noor Alam, is an old man aged about 70 years, petitioner no.2 Md. Masud ,is a school teacher and petitioners 5 Julekha Bano and 6 Sogufta @ - 3 - Sogufta Parveen are ladies, in the event of their arrest or surrender in the court below within four weeks from today shall be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of C.J.M, Saharsa in the above noted case, subject to the conditions laid down under section 438 (2) Cr.P.C. However, so far petitioners Siraj Alam and Md. Meraj Alam are concerned, their prayer for anticipatory bail is rejected. They must surrender in the court below within four weeks from today and seek regular bail. If such a prayer is made on their behalf, then that shall be considered on its own merit without being prejudiced by this order. (Birendra Prasad Verma, J) M.Rahman