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Patna High CourtCR. MISC./8047/2018bail granted

Md. Ali Musa And ANR v. State Of Bihar And ANR

2018-02-17Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8047 of 2018 Arising Out of PS.Case No. -912 Year- 2000 Thana -SAHARSA COMPLAINT CASE DistrictSAHARSA ======================================================

1. Md. Ali Musa, Son of Late Shekh Jamal,

2. Hakim Uddin @ Hakimuddin Miyan, Son of Salamat Miyan @ Haji Salamat Hussain, Both resident of Village- Bauherwa Ward No. 13, P.S.- Mahishi (Jalai O.P.), Dist.- Saharsa.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Kameshwar Rai, Son of Late- Jageshwar Rai, Resident of VillageDhanwara, P.S.- Mahishi (Jalai O.P.), Dist.- Saharsa. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Chandra Mohan Jha For the Opposite Party/s : Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-02-2018 Heard the learned counsel for the petitioners as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioners apprehend their arrest in connection with Complaint Case No. 912 C of 2000 arising out of Mahishi (Jalai O.P.) P.S. Case No. 09 of 2000 for the offence punishable under section 365/34 of the I.P.C. At the very out set it has been submitted that in this case after completing investigation final form was submitted after finding the case not true, but on the protest petition cognizance has been taken against the petitioners resulting they are apprehending their arrest. The petitioners have got no criminal antecedents and

Patna High Court Cr.Misc. No.8047 of 2018 (2) dt.17-02-2018 2/2 as such they deserve sympathetic consideration. The learned A.P.P. submits that after due enquiry the learned court below took cognizance in this case. In the facts and circumstances stated above, the petitioners, in case of their arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of S.D.J.M, Saharsa in connection with the aforementioned case, subject to the condition as laid down under section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T