Eid Mohammad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24010 of 2024 Arising Out of PS. Case No.-310 Year-2022 Thana- MAKER District- Saran ====================================================== 1.

Eid Mohammad S/o Late Ibrahim Miya R/o vill - Pachhim Thahara, P.S. - Maker, Distt. - Saran 2.

Tasrifan Khatoon W/o Eid Mohammad R/o vill - Pachhim Thahara, P.S. - Maker, Distt. - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Singh Mr. Ujjawal Bhushan For the Opposite Party/s :

Mr. Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioners seek bail in connection with a case registered for the offence punishable u/s 341, 323, 304(B), 34 of the IPC.

3.

As per the prosecution case, the petitioners are said to have killed the daughter of informant by strangulating her. 4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have not committed any offence as alleged in the FIR. They have been falsely implicated in this case due to enmity. There is general and omnibus allegation against the petitioners. The petitioners are the in-laws

Patna High Court CR. MISC. No.24010 of 2024(3) dt.19-04-2024 2/3 of the deceased and the husband of the deceased is in judicial custody. The petitioners have no criminal antecedent and have been rotting in judicial custody since 18.09.2023. 5.

Learned APP for the State opposed the prayer for bail. 6.

Considering the facts and circumstances of this case and the period of custody, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/the Successor Court, in connection with Maker P.S. Case No.310 of 2022, subject to the following conditions:

(i) One of the bailors will be own close relative of the petitioner who will give on affidavit genealogy as to how he is relative to petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner. (ii) The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse. (iii) The petitioners shall remain physically present in

Patna High Court CR. MISC. No.24010 of 2024(3) dt.19-04-2024 3/3 the court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, their bail bonds shall be liable to be cancelled by the learned court concerned.

(iv) The petitioners shall co-operate with the investigation, if not already concluded and make himself available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (v) The petitioners shall appear before the Police Station of his local area in the first week of each month till the disposal of the present case.

(Anjani Kumar Sharan, J) shikha/- U T