IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26163 of 2011 1. Md. Shamsul @ Md. Samsul S/o late Md. Sharief 2. Md. Jakir, S/o Md. Shamsul @ Md. Samsul 3. Sajeda Khatoon @ Sabena Khatoon, D/o Md. Shamsul @ Md. saamsul 4. Maiful, W/o Md. Shamsul @ Md. Samsul. All are R/o village – Silampur, P.S. Balrampur, District-Katihar. ........Petitioners Versus The State Of Bihar ........Opp. Party. ----------- 2 5.8.2011 Heard learned counsel for the petitioners and learned counsel appearing for the State. The petitioners apprehend their arrest in a case arising out of complaint case in which cognizance has been taken for the offence under Sections 323, 313 and 379/34 of the Indian Penal Code. The allegation relates to committing theft, causing miscarriage and abusing the complainant. It is stated on behalf of the petitioner that the date of occurrence, according to the complainant is 31.1.2011 and the complaint has been filed on 22.2.2011. There is no explanation for the delay in instituting the complaint. Petitioner Nos. 1 and 4 are husband and wife, whereas, petitioner nos. 2 and 3 are their son and daughter respectively. It is also submitted that no such occurrence as alleged, has taken place and since there is enmity existing between the parties from before the present complaint has been filed with an oblique motive. Considering the aforesaid submissions, nature of allegation and the fact that the case arises out of a complaint, let the petitioners namely Md. Shamsul @ Md. Samsul, Md. Jakir, Sajeda Khatoon @ Sabena Khatoon and Maiful in the event of their arrest or surrender before the Court below within a period of four weeks from the 2 date of communication of this order, be released on bail on furnishing bail bonds of RS. 5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of C.J.M, Katihar in connection with Complaint Case No. CA 348/11 subject to the conditions laid down under Section 438(2) Cr. P.C. S.P. (Ashwani Kumar Singh, J.)