Patna High CourtCR. MISC./24483/2015bail granted

Usman Mian And ORS v. The State Of Bihar

2015-07-02Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24483 of 2015 Arising Out of PS.Case No. -57 Year- 2015 Thana -JHAJHA District- JAMUI ======================================================

1. Usman Mian Son of Liyakat Mian

2. Mustkim Son of Sobrati Mian

3. Gujar Mian, Son of Rahman Mian.

4. Ishak Mian, S/o Ishlam Mian.

5. Munna Mian, S/o Ishak Mian.

6. Karu Mian, Son of Sobrati Mian.

7. Sarafat Mian, Son of Usman Mian All resident of Village- Kunjra Toli, Narganjo, P.S. Jhajha, District Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satya Prakash Parasar For the Opposite Party/s : Mr. Sadanand Paswan (Spl. Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-07-2015 Heard learned counsels for the petitioners and the State.

Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 201, 376, 448, 323/34 of the Indian Penal Code and Section 3(1)(xi)(xii) of the SC & ST (Prevention of Atrocities) Act. It is alleged that co-accused Md. Islam entered into the house of the informant and ravished her. On alarm being raised the villagers caught Md. Islam but subsequently petitioners came and got Md. Islam released. It is submitted by learned counsel for the petitioners that accusation of committing offence of rape is only against Md. Islam who is not petitioner before this Court.

Patna High Court Cr.Misc. No.24483 of 2015 (2) dt.02-07-2015 2/2 Moreover the victim in her 164 Cr.P.C statement has not named these petitioners as she only suggested that villagers came and got Md. Islam released.

A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released 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 SubDivisional Judicial Magistrate, Jamui in connection with Jhajha P.S. Case No. 57 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T