Murtuza Miya And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45455 of 2018 Arising Out of PS.Case No. -31 Year- 2017 Thana -BAGAINGOLA District- BUXAR ======================================================

1. Murtuza Miya, Son of Late Hussain Miya,

2. Nuraisa @ Nuraisa Miya, Wife of Murtuza Miya,

3. Naziaya @ Nazia Miya, Daughter of Murtuza Miya, All resident of Village- Bagen, P.S.- Bagengola, District- Buxar. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Satyapal Singh, Advocate For the Opposite Party/s : Mr. Ataur Rahman, A.P.P. .=================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-08-2018 Heard the parties. The petitioners seek anticipatory bail in connection with Bagengola P.S. Case No. 31 of 2017, registered for offences punishable under Sections 498 and 302/34 of the Indian Penal Code.

As per F.I.R., allegation against the petitioners, who happens to be father-in-law, mother-in-law and sister-in-law ( Nanad) of the deceased and allegation is of torture of the sister of the informant ( deceased), causing death.

Submission of the learned counsel for the petitioner is that the petitioners have falsely implicated in this case and there is

Patna High Court Cr.Misc. No.45455 of 2018 (2) dt.02-08-2018 2/2 no specific allegation against the petitioners and the final form against the petitioners has been submitted by the police during investigation and cognizance of offence has been taken against these petitioners. It is further submitted that the petitioners have no criminal antecedents.

Learned A.P.P. opposes the prayer for bail on the that there is sufficient material in the case diary to show the complicity of the petitioners Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioners, above named, surrenders be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Bagengola P.S.Case No. 31 of 2017, subject to the conditions as laid down under Section 438

(2) of Cr.P.C. with condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. (Vinod Kumar Sinha, J) Sudha/- U T