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Patna High CourtCR. MISC./50652/2017disposed

Sarfullah And ORS v. The State Of Bihar

2017-12-08Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50652 of 2017 Arising Out of PS.Case No. -510 Year- 2017 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sarfullah, Son of Rasul Miya,

2. Patarki @ Nasra Khatoon @ Nasara Khatoon, W/o Sarfullah,

3. Muskan, S/o Sarfullah,

4. Mariya Praween @ Mariya Khatoon @ Mariyam Khatoon, D/o Sarfullah,

5. Rizwan, S/o Sarfullah,

6. Jainulia @ Jainul Khatoon, W/o Late Rasul Miya, All are resident of Village- Nakched Tola, P.S.- Motihari Town, Dist- East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Parijat Saurav For the Opposite Party/s : Mr. Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 08-12-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend arrest in connection with Motihari Town P.S. Case No. 510 of 2017 registered under Sections 341, 323, 324, 325, 379/34 of the Indian Penal Code and section 3⁄4 of the Dowry Prohibition Act.

Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent. The present case is out and out a false case. The F.I.R. is lodged after lapse of two days of the alleged occurrence on the basis of suspicion. Learned A.P.P. appearing on behalf of the petitioners

Patna High Court Cr.Misc. No.50652 of 2017 (3) dt.08-12-2017 2/2 submits that there is specific allegation of knife blow against petitioner no. 3 with intention to kill the informant. Having considered the facts and circumstances of the case, prayer of the petitioner no. 3 is rejected and at the same time, prayer of the rest petitioners is allowed. Let the above named petitioner nos. 1, 2, 4, 5 and 6 be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the C.J.M., East Champaran in connection with Motihari Town P.S. Case No. 510 of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Arvind Srivastava, J) Shailendra/- U T