Kalamuddin Mian @ Md. Kalamuddin And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39009 of 2014 Arising Out of PS.Case No. -36 Year- 2014 Thana -SIKTA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Kalamuddin Mian @ Md. Kalamuddin S/o Late Rahman Mian
2. Imran Mian @ Md. Imran S/o Kalamuddin Mian Both the resident of Mohalla Sikta Bazar, Nahar Chowk, Ward No. 8, P.S. Sikta, District West Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar For the Opposite Party/s : Mr. Indu Kumari Srivastava (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 14-01-2015 Heard learned counsel for the petitioners and learned counsel for the State.
In this case, petitioners are seeking bail in connection with S.T. No. 490 of 2014 arising from Sikta P.S. Case No. 36 of 2014.
There is an allegation that petitioners and other coaccused persons were demanding the motor cycle. On the fateful night, they have committed murder of the daughter of the informant by strangulation. Allegation has been made that they used to assault regularly to the victim for the dowry and when the motor cycle was not given that led to the incident. The counsel for the petitioners submits that the marriage was solemnized 7 year earlier. Petitioner No. 1, who is
Patna High Court Cr.Misc. No.39009 of 2014 (2) dt.14-01-2015 2/2 father-in-law, is aged 61 years, petitioner No. 2, Imran Mian, who is Debar, is aged 21 years and they have nothing to do with the family of the husband of the victim which is apparent from the Ration Card, so much so that the post mortem report shows that the victim lady died as a result of hanging whereas the allegation has been made of strangulation. Both the petitioners are in jail since 23rd May 2014.
Looking to the age of petitioner No. 1 and relationship, let petitioners, above named, be released on bail on their furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, Bettiah, West Champaran in connection with S.T. No. 490 of 2014 arising from Sikta P.S. Case No. 36 of 2014, subject to the condition that petitioners would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds. (Shivaji Pandey, J) Mahesh/- U T