Noushrin And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30968 of 2015 Arising out of PS.Case No. -116 Year- 2012 Thana -JALALGARH District- PURNIA ======================================================

1. Noushrin, W/o Alam.

2. Najbin, W/o Sarwar.

3. Fulia, Wife of Nayeem. All R/o village - Asiyani, P.S. Jalalgarh, District - Purnea.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Dr. Bidhu Ranjan, Advocate. For the Opposite Party : Mr. Satyaverat Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-07-2015 The petitioners are apprehending their arrest in connection with Jalalgarh P.S. Case No. 116 of 2012 for the offences instituted under Sections 302 and 120(B) of the IPC. Heard learned counsel for the petitioners and learned counsel for the State.

It is alleged that the F.I.R. named accused persons under a conspiracy committed murder of the cousin sister of the informant.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. The petitioners have been made accused due to mistake of fact. The said fact is evident from the charge sheet, vide Annexure-3, where the petitioners

Patna High Court Cr.Misc. No.30968 of 2015 (2) dt.31-07-2015 2/2 have not sent up for trial. It has further been submitted that from perusal of annexure-5 post mortem report, it would appear that the deceased has no external injury on the body of the deceased. On behalf of the State it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Jalalgarh P.S. Case No. 116 of 2012 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Purnea, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T