Jubair Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7083 of 2022 Arising Out of PS. Case No.-206 Year-2019 Thana- GUTHANI District- Siwan ====================================================== 1.

Jubair Alam, aged about 21 years, Male.

2.

Guddu, aged about 25 years old.

Both Sons of Late Noor Mohamad, Resident of Village- Guthni, P.O. + P.S.- Guthni, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Mohan Singh, Advocate For the Opposite Party/s :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 26-05-2022 Learned counsel for the petitioners is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners seek bail in connection with Guthani P.S. Case No. 206 of 2019 registered for the offences punishable under Sections 302, 354 and 34 of the Indian Penal Code. The entire occurrence has taken place because of the daughter of the informant was teased by these two petitioners, who are brothers. The submission of the petitioners are that they have not assaulted the deceased and, therefore, they

Patna High Court CR. MISC. No.7083 of 2022(2) dt.26-05-2022 2/2 deserve bail. Their father who has assaulted the deceased was granted bail and he has died also. Another co-accused has also been granted bail.

Considering the period of custody and the allegations levelled against the petitioners, the petitioners above-named are directed to be enlarged on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan in connection with Guthani P.S. Case No. 206 of 2019.

However, the petitioners shall be released after completing one year in custody before their release. The charge should be framed, if already not framed.

The Court below is directed to proceed with the trial and conclude the same within a year from today. With the aforesaid observations and directions, this application for regular bail is allowed.

(Sandeep Kumar, J) Anand Kr.

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