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Patna High CourtCR. MISC./53421/2016bail granted

Zahrul And ANR v. The State Of Bihar

2016-12-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53421 of 2016 Arising Out of PS.Case No. -79 Year- 2016 Thana -JOKIHAT District- ARRARIA ======================================================

1. Zahrul son of late Dukhai

2. Mehrul @ Mahrul son of late Dukhai, Both are Residents of VillageRani Nursery Tola, Police Station- Jokihat, District- Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s : Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-12-2016 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Section 302/34 of the Indian Penal Code. Allegation is that the accused persons including the petitioners killed the sister of the informant. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been made accused due to mistake of fact. The petitioners are the Bhaisur of the deceased. The occurrence is said to have taken place after 10 years of marriage. The husband of the deceased has already been acquitted

Patna High Court Cr.Misc. No.53421 of 2016 (2) dt.20-12-2016 2/2 by the trial court. The petitioners are separate in mess and property from the husband of the deceased.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Araria in connection with Jokihat P.S. case No.79 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T