Md. Abid Mia And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.30777 of 2014 (2) dt.14-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30777 of 2014 Arising Out of PS.Case No. -78 Year- 2013 Thana - Isuapur District- Saran ===================================================

1. Md. Abid Mian

2. Md. Hamza Mian, son of Late Khairul Mian

3. Hasan Mian

4. Rafique Mian All sons of Hamja Mian, except petitioner no. 2, all resident of village - Murwan Khas, P.S. - Ishuapur, District - Saran. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Birendra Nath Mishra For the Opposite Party/s : Mr. Madhuri Lata(APP) =================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 14-01-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners is permitted to make necessary correction in para - 3 of the application during course of the day.

All the petitioners, apprehend their arrest in connection with a case registered for the offence punishable under Section 364, 302, 504, 323/34 of the Indian Penal Code, are named accused in this case instituted on the basis of complaint case no. 987/2013 on suspicion of involvement in disappearance of informant's son. Submission is of false implication with

Patna High Court Cr.Misc. No.30777 of 2014 (2) dt.14-01-2015 ulterior motive even Annexure - 2, statement under section 164 Cr.P.C. of one of the brother in laws of the informant speaks otherwise.

Further, petitioners carry no criminal antecedent.

If, it is so, considering the facts and circumstances of the case, in the event of their arrest or surrender before the court below within four weeks, let the petitioners above-named be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Chapra, in connection with Ishuapur P.S. Case No. 78 of 2013, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below on each and every date at least for two years or till disposal of the case, whichever is earlier and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled.

Rajeev/- (Akhilesh Chandra, J.) U T