Md. Azaz And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20548 of 2019 Arising Out of PS. Case No.-133 Year-2018 Thana- PIPRAHI District- Sheohar ====================================================== 1.

Md. Azaz Son of Late Sheikh Amin R/o village- Nayagaon, Mahuawan, P.S.- Piprahi, Distt.- Sheohar 2.

Johara Khatoon Wife of Md. Azaz R/o village- Nayagaon, Mahuawan, P.S.- Piprahi, Distt.- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr.Ashok Kumar Jha, Advocate For the Informant :

MR. Nafisuzzoha, Advocate For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-08-2019 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State. The petitioners who are in custody since 05.11.2018 have filed the instant application for grant of bail in connection with Piprahi P.S. Case No. 133 of 2018 registered for the offence punishable under sections 302, 304B and 34 of the Indian Penal Code.

It is submitted by learned senior counsel for the petitioners that in the F.I.R., there is general and omnibus allegation against all the accused persons of assault leading to death of the informant's daughter. So far as the petitioners are concerned, they are the old father-in-law and mother-in-law of the deceased. They are in custody since 05.11.2018 and the husband of the deceased is also in custody. As such it is prayed

Patna High Court CR. MISC. No.20548 of 2019(6) dt.07-08-2019 2/2 that they be enlarged on bail.

The application for bail has been opposed by learned counsel for the informant stating that there is direct allegation against the petitioners who were equally responsible for the death of the informant's daughter.

The application for bail has also been opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the relationship of the petitioners as also that they are in custody since 05.11.2018, the Court is inclined to enlarge the petitioners on bail. Let the petitioners above named be enlarged on bail on each of them furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Sheohar in connection with Piprahi P.S. Case No. 133 of 2018.

(Partha Sarthy, J) Prakash/- U T