Seema @ Razia Begum @ Raziya And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35877 of 2018 Arising Out of PS.Case No. -50 Year- 2018 Thana -KHAJEKALA District- PATNA ======================================================
1. Seema @ Razia Begum @ Raziya, W/o Md. Firoz Akhtar @ Firoz Akhtar
2. Md. Firoz Akhtar @ Firoz Akhtar S/o Late Md. Abdul Majid, Both resident of Mohalla- Fatehpur Rani Talab, P.S.- Zeromile, DistrictBhagalpur. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Ajay Kumar-2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 02-07-2018 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the Informant. The petitioners seek pre-arrest bail in connection with Khajekala P.S. Case No. 50 of 2018 registered under Section 307 read with 34 of the Indian Penal Code and 27 of Arms Act.
It is submitted by the learned counsel for the petitioners that this case has been instituted by the informant in retaliation to the first information report of Industrial Area P.S
Patna High Court Cr.Misc. No.35877 of 2018 (2) dt.02-07-2018 Case No. 43 of 2013 dated 18.11.2013 instituted by petitioner no. 2 against the informant and others for the alleged abduction of the petitioners' daughter. He submitted that even in the instant case the specific allegation of opening fire is against the coaccused Jishan, Ruby and Vicky. So far as the petitioners are concerned, there is no overt act alleged against them. On the other hand, learned counsel for the informant opposing the prayer for pre-arrest bail submitted that since the petitioners were not happy with the decision of their daughter who had married the informant out of her own sweet will, they planned to attack upon the informant and even though no specific overt act is alleged against them, they are liable for the offence committed by their associates.
Having heard learned counsel for the parties and perused the record, on the facts and in the circumstances of the case, in the event of arrest or surrender in the court below within six weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Patna City, Patna in connection with Khajekala P.S. Case No. 50 of 2018 subject to
Patna High Court Cr.Misc. No.35877 of 2018 (2) dt.02-07-2018 the conditions as laid down under Section 438(2) Cr. P.C. (Ashwani Kumar Singh, J.) Sanjeet/- U T