Tabraiz @ Md. Tabraiz Alam And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15202 of 2019 Arising Out of PS. Case No.-203 Year-2018 Thana- DAGARUA District- Purnia ====================================================== 1.

Tabraiz @ Md. Tabraiz Alam Son of Md. Rafique Resident of VillageEkhawa, P.S- Dagarua, District- Purnea. 2.

Sultan Son of Moinuddin Resident of Village- Ekhawa, P.S.- Dagarua, District- Purnea.

3.

Belal Son of Late Nazamuddin Resident of Village- Ekhawa, P.S.- Dagarua, District- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Ziaul Quamar For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-03-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 149, 341, 323 and 353 of the Indian Penal Code.

The prosecution case, in short, is that while the informant along with police party on official duty, the accused persons created obstruction in taking the body of the victim for post mortem examination.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.15202 of 2019(2) dt.12-03-2019 2/2 petitioners. The petitioners have falsely been implicated in the present case. The daugher of co-accused namely Ramita Devi committed suicide. When the police came and was taking the body for post-mortem examination, it is alleged that the villagers protested against the same. No specific allegation has been made against the petitioners. General and omnibus allegation has been made against the petitioners to be among the persons who were protesting against the police. On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate Purnea in connection with Dagrua P.S. Case No. 203/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T