Rashid And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67 of 2019 Arising Out of PS. Case No.-235 Year-2017 Thana- PALASI District- Araria ======================================================

1. Rashid Son of Mainuddin, Resident of Village - Baliya, Police Station - Kochadhaman, district- Kishanganj, at present resident of village- Kathora, Police Station Palasi, District - Araria

2. Jalauddin son of late Sukharu, Resident of Village - Kathora, Police Station - Palasi, District - Araria.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar Rana, Adv.

For the Opposite Party/s :

Mrs. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-01-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek regular bail in Palasi P.S. Case No. 235/2017, registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code. Petitioner no. 1 is co-villager of the husband of deceased. Petitioner no. 2 is father-in-law of the deceased. In the written report it is alleged that daughter of the informant was married with Md. Musfique and out of the said wedlock she got two children. After sometime, she was being tortured by Md. Musfique. It is further alleged that the informant got information that his daughter has been killed and

Patna High Court Cr.Misc. No.67 of 2019(2) dt.18-01-2019 2/2 her dead-body has been thrown in the filed. Informant went at the place of occurrence and found that his daughter has been killed by sharp weapon by causing injury on her neck. Informant alleged that she has been killed by her husband and other accused persons named in the F.I.R.

Learned counsel for the petitioners has submitted that in the written report, there is no specific allegation of overt act against the petitioners. There is general and omnibus allegation against the petitioners. Petitioners are in custody since 07.09.2018 having clean antecedent.

Considering the facts and circumstances of the case, prayer of the petitioners for grant of bail is allowed. Let the petitioners above-named, 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 the learned Additional Chief Judicial Magistrate VI, Araria in connection with Palasi P.S. Case No. 235/2017, subject to the condition that both the bailors will be close relative of the petitioners. (Sanjay Priya, J) vinita/- U T