Rizwan Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19497 of 2019 Arising Out of PS. Case No.-124 Year-2018 Thana- PUPRI District- Sitamarhi ====================================================== 1.

Rizwan Alam, Age 63 , Sex Male, Son of Late Munir Alam 2.

Md. Imran@ Imran Ahmad, Age 24, Sex Male, Son of Rizwan Alam 3.

Md. Daiyan, Age 26, Sex-Male, Son of Rizwan Alam 4.

Md. Hassan @ Hassan Hamad, Age 20, Sex- Male, Son of Rizwan Alam All residents of Village - Garha, P.S.- Pupri, District - Sitamarhi ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Dinesh Jha, Advocate For the State :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-04-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 354, 447, 379, 504 and 506 of the Indian Penal Code registered in connection with Pupri P.S. Case No. 124 of 2018.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of land dispute and there is case and counter case between the parties who are agnates, all of whom are residents of the same house. The accusation of molesting the informant's wife is general and omnibus whereas the accusation of taking away Rs. 35,000/- from the house of the informant is mere embellishment. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten

Patna High Court CR. MISC. No.19497 of 2019(2) dt.01-04-2019 2/2 thousand) each with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Pupri at Sitamarhi in connection with Pupri P.S. Case No. 124 of 2018, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with further conditions -- (i) That one of the bailors of each of the petitioners shall be their close relatives.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioners shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. BT/- (Vikash Jain, J) U T