Aflatoon Mian And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50420 of 2018 Arising Out of PS.Case No. -97 Year- 2018 Thana -BAIRIYA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Aflatoon Mian, S/o Kamil Khan,
2. Soharab Mian S/o Kasim Mian,
3. Gani Mian S/o Habib Mian,
4. Shish Mian S/o Habib Mian,
5. Amana Khatoon W/o Nazam Mian, All are R/o Vill.- Malahi Tola, P.S.- Bairiya, District- West Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Sri Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-08-2018 The petitioners are apprehending their arrest in connection with Bairiya P.S. Case No. 97 of 2018, registered for offences punishable under Sections 341, 323, 324, 379, 354, 307, 504 and 506 of the Indian Penal Code.
Allegation as per F.I.R. that petitioner no. 1 order to kill the informant upon which, other petitioners assaulted the informant and her relatives and in course of assault they also snatched away a golden chain.
It has been submitted on behalf of the petitioners that out and out false and fabricated allegations have been levelled and no such occurrence has taken place and although there is allegation of
Patna High Court Cr.Misc. No.50420 of 2018 (2) dt.31-08-2018 2/3 assault but all the injuries sustained by the informant side was found simple in nature and allegation of snatching of golden chain is ornamental.
Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -VII, Bettiah, West Champaran, in connection with Bairiya P.S. Case No. 97 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on
Patna High Court Cr.Misc. No.50420 of 2018 (2) dt.31-08-2018 3/3 the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T