Dhorai Mian And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55203 of 2017 Arising Out of PS.Case No. -95 Year- 2017 Thana -KALYANPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Dhorai Mian, Son of Late Sarfuddin Mian,

2. Shekh Moharram @ Moharram Mian, S/o Late Sarfuddin Mian, Both are R/o Village- Barharwa Mahanand , P.S.- Kalyanpur, District- East Champaran.

3. Shekh Bhikhari @ Bhikhari Mian S/o Late Nasruddin,

4. Ansar Dewan S/o Late Sahim Mian, Both are R/o Village- Bola, P.S.- Ramgarba, District- East Champaran.

.... .... Petitioners/s

Versus

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

For the Petitioners/s : Mr. Satya Ranjan Sinha For the Opposite Party/s : Mr. Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-11-2017 The petitioners seek regular bail in connection with Kalyanpur P.S. Case No. 95 of 2017, registered for offences punishable under Sections 323, 448, 380, 304/34 of the Indian Penal Code.

Allegation against the petitioners is of assault to the informant and his mother in law, due to which mother in law of the informant died.

It has been submitted on behalf of the petitioners that they have falsely been implicated in this case and the deceased died due to heart attack. Further police after investigation has submitted final form against the petitioners, not finding the case

true, however learned Magistrate took cognizance against the petitioners. Further petitioners have been in custody since 06.06.2017.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM -IX, Motihari, District - East Champaran, in connection with Kalyanpur P.S. Case No. 95 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two

consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T