Md. Nurshad @ Md. Nurshed And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72700 of 2018 Arising Out of PS. Case No.-11 Year-2018 Thana- ANGARH District- Purnia ======================================================

1. Md. Nurshad @ Md. Nurshed, Son of Md. Saidur Rahman,

2. Md. Anwar alias Anwar, Son of Majebul, Both Residents of Village Bijbar, P.S. Angarh District Purnea.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Prawesh Kumar For the Opposite Party/s :

Mr. Sri S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-12-2018 Heard learned counsel for the parties.

Petitioners seek bail in Angarh P.S. Case No. 11 of 2018 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

Informant who is the mother of the deceased has alleged that on 26.07.2018 when she came back from her cultivable field she did not find her deceased daughter and on search being made along with her relatives, her dead body was found in the Jute field of Saiful. She has not named any person in the FIR. FIR is against unknown.

It has been submitted on behalf of the petitioners that the name of the petitioners has figured subsequently on the restatement of the Informant that petitioners and others used to

Patna High Court Cr.Misc. No.72700 of 2018(2) dt.11-12-2018 2/2 tease her daughter and she has raised suspicion that they may be involved in her killing. The name of the petitioners has surfaced in this case on the basis of confessional statement of co-accused Md. Imtiyaz and except the confessional statement there is no incriminating material against the petitioner. Petitioners have got no criminal antecedent and are in custody since 04.09.2018. Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Purnea in connection with Angarh P.S. Case No. 11 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the court below.

(3) If the petitioners tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (S. Kumar, J) ranjan/- U