Nemajee Mian @ Nimajee Mian And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22090 of 2016 Arising Out of PS.Case No. -126 Year- 2015 Thana -GORIAKOTHI District- SIWAN ======================================================

1. Nemajee Mian @ Nimajee Mian son of Late Musrali Mian

2. Munna Singh son of Sheojee Singh

3. Rajan Singh son of Ram Ishwar Singh All residents of Village- Bajitpur, P.S. Goreakothi, district- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhuneshwar Pandey For the Opposite Party/s : Mr. Dilip Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-07-2016 Learned counsel for the petitioners states that during the pendency of this application, the petitioners No. 2 and 3 are said to have been arrested.

This application so far as it relates to petitioners No. 2 and 3, stands dismissed as having become infructuous. Heard learned counsel for the parties.

This application for grant of anticipatory bail arises out of Goreakothi P.S. Case No. 126 of 2015, disclosing offences under Sections 307,323,324,504,406 and 120B/34 of the Indian Penal Code.

It is submitted on behalf of petitioner No.1 that he has no criminal antecedent and no offence under Section 307 of the Indian Penal Code is made out on the basis of what

has been alleged in the First Information Report and subsequent injury report. He has also submitted that on preliminary examination, the doctor could not find any external injury on the body of the informant. Considering the facts and circumstances of the case and the submissions so advanced on behalf of the petitioner No.1 Nemajee Mian @ Nimajee Mian, this application is allowed. Let petitioner No.1 above-named in the event of his arrest/surrender within four weeks from today in the court below, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan in Goreakothi P.S. Case No. 126 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner No. 1 shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) ArunKumar/- U