Md. Maharam And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51512 of 2014 Arising Out of PS.Case No. -89 Year- 2014 Thana -MADHEPUR District- MADHUBANI ======================================================

1. Md. Maharam Son of Md. Isa

2. Md. Isa son of Md. Hanif Both resident of village - Mahisam, P.S. Madhepur, District - Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Nazir Ansari For the Opposite Party/s : Mr. Abhay Kumar-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-03-2015 Heard the learned counsel for the petitioners as well as the learned A.P.P.

The petitioners seek bail in a case for the offences punishable under sections 341, 323, 326, 307 and 498 'A'/34 of the I.P.C Allegedly the petitioner no.1 being husband and petitioner no.2 being father-in-law of the informant along with others in collusion and conspiracy send husband of the informant and petitioner no. 1 cut off both breast of the informant by blade and threw the same and on cry none of the family members came there to save her.

Submission is that the petitioners are innocent and

Patna High Court Cr.Misc. No.51512 of 2014 (2) dt.03-03-2015 2/2 have committed no offence. The case has been lodged only with a view to fulfill the evil desire. The petitioners have not cut her breast. In Panchayati cash of Rs. 40,000/- was demanded which the petitioner refused to deposit. The petitioners are in jail since 07.07.2014 and as such now they deserve sympathetic consideration.

In the facts and circumstances as stated above, considering detention of the petitioners and further considering that charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence and as such the petitioners are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M. Madhubani in Madhepur P.S. Case No. 89 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T