Nasir Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36895 of 2021 Arising Out of PS. Case No.-111 Year-2021 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== 1.

NASIR ALAM Son of Maqbool Mian Resident of Village- Sahduulepur, Ward No. 1, P.S.- Town (Gopalganj), District- Gopalganj. 2.

Soniya Khatoon @ Sonia Khatoon Wife of Nasir Alam Resident of VillageSahduulepur, Ward No. 1, P.S.- Town (Gopalganj), District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mohammad Sufyan For the Opposite Party/s :

Mr.Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-09-2021 Heard learned counsel for the petitioners and the State.

Petitioners seek regular bail in a case registered for the offence punishable under Section 302, 201/34 of the Indian Penal Code.

The FIR has been lodged against unknown for killing the niece of the informant.

Learned counsel appearing for the petitioners submits that petitioners are not named in the FIR. The names of petitioners surfaced in this case during the course of investigation only on the material that victim was last seen with co-accused, Afsar Ali and these petitioners are parents of Afsar Ali. It is further submitted that there is no eye witness of the

Patna High Court CR. MISC. No.36895 of 2021(2) dt.17-09-2021 2/2 occurrence. Petitioners are in custody since 25.02.2021 and investigation in this case is complete.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioners, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gopalganj in connection with Gopalganj (Town) PS case No. 111/2021 on the following conditions:-

(1) 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 on his/ her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

BKS/- (Prabhat Kumar Singh, J) U T