Saddam Mian @ Tabrej Ansari And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.16497 of 2015 (3) dt.01-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16497 of 2015 Arising Out of PS.Case No. -181 Year- 2014 Thana -LAURIYA DistrictWEST CHAMPARAN(BETTIAH) ======================================================

1. Saddam Mian @ Tabrej Ansari

2. Wasim Mian Both sons of Shakir Mian resident of village - Telpur, P.S. - Lauriya, District - West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr. Indu Kumari Srivastava (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-07-2015 Heard both sides.

The petitioners apprehend their arrest in Lauriya P.S. Case No. 181 of 2014, registered for the offences punishable under Sections 302, 307 and other Sections of the Indian Penal Code.

The informant made allegation that on information he and his father went to the house of his sister where the accused persons were assaulting his brother-in-law. They also assaulted the informant and his father. Accused Shakir Mian @ Manbodh assaulted his father with lathi on his head. The father of the informant fell down and died in course of treatment. It is submitted that there is no specific allegation of

Patna High Court Cr.Misc. No.16497 of 2015 (3) dt.01-07-2015 assault against the petitioners. The father of the informant got one injury which is attributed to Shakir Mian @ Manbodh. The Police after investigation submitted final form finding the case false against the petitioners, but the learned court below took cognizance against the finding of the police. On the other hand learned counsel for the informant opposed the prayer for bail.

It is further submitted that co-accused have been granted regular bail.

Considering the facts aforesaid, the petitioners above named in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran at Bettian in connection with Lauriya P.S. Case No. 181 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) Rakhi/- U T