Rasul Mian And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8725 of 2019 Arising Out of PS. Case No.-71 Year-2018 Thana- VALMIKINAGAR District- West Champaran ====================================================== 1.

RASUL MIAN, Son of Rudal Mian, R/o village - Narainapur, P.S. - Valmikinagar, District West Champaran 2.

Mustakim Mian @ Langara Mian @ Mutalim Miyan, son of Samfulla, R/o village - Rampurwa Kotaraha, P.S. - Valmikinagar, District West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey For the Opposite Party/s :

Mr. Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-04-2019 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

Petitioners and others are suspected to have committed murder of the mother of the informant. Two different reasons of suspicion are there against two sets of accused. Suspicion against one set of the accused is that since the deceased was not maintaining a moral life, she was murdered whereas some others had grudge for old dispute. Submission is that the case diary would reveal that before the police some of the witnesses have stated that several

Patna High Court CR. MISC. No.8725 of 2019(3) dt.26-04-2019 2/2 people were in visiting term in the house of the deceased and the murder might have been committed due to her immoral activity, thereafter the petitioners have been falsely implicated in this case.

Learned counsel for the informant opposed the prayer for bail on the ground that even if the victim was of easy virtue that would not give any right to commit her murder. Since there is no direct evidence against the petitioners and they are in custody since 14.01.2019 as well as completion of investigation, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Valmikinagar Police Station Case No. 71 of 2018, subject to the condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Kundan/- U T