Patna High CourtCR. MISC./33065/2019bail granted

Md. Naimuddin v. The State Of Bihar

2019-05-20Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33065 of 2019 Arising Out of PS. Case No.-205 Year-2018 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== 1.

Md. Naimuddin, Aged about 49 years, Male, S/o Late Husain Miya R/o village- Rampurwa, P.S.- Baruraj, District- Muzaffarpur. 2.

Md. Nasir @ Nasir Alam, Aged about 31 years, Male, S/o Naimuddin, R/o village- Rampurwa, P.S.- Baruraj, District- Muzaffarpur. 3.

Md. Basir, Aged about 19 years, Male, S/o Naimuddin, R/o village Rampurwa, P.S. Baruraj, District Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Bhushan Kumar For the Opposite Party/s :

Mr.Pancha Nand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-05-2019 Heard both sides.

Petitioners apprehend their arrest in Kaji Mohammadpur P.S. Case No.205 of 2018, registered under Sections 363, 363(A), 364(A), 365, 367, 369 and 511 of the Indian Penal Code.

The informant filed complaint petition on the basis of which the present FIR was registered. The informant alleged that the petitioners, who are his father-in-law and brothers-in-law, came to his house and made an attempt to kidnap his minor son only because they wanted to keep him with them after death of the wife of the informant.

Learned counsel for the petitioners submits that in fact

Patna High Court CR. MISC. No.33065 of 2019(2) dt.20-05-2019 2/2 petitioner no.1, Md. Naimuddin filed Kaji Mohammadpur P.S. Case No.43 of 2018 on 02.02.2018 against the informant, Md. Parwez Alam for killing his daughter and disposing of her dead body. Thereafter the informant lodged this case hatching up a story that the petitioners made an attempt to kidnap his minor son. Taking into consideration the facts that the petitioners are father-in-law and brothers-in-law of the informant and prior to institution of the present case at the instance of the informant, petitioner no.1, Md.

Naimuddin lodged a case against the informant for killing his daughter and concealing her dead body, let petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of this order, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., 1st, Muzaffarpur, East in connection with Kaji Mohammadpur P.S. Case No.205 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C. (Prabhat Kumar Jha, J) S.