Ijhar Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39693 of 2024 Arising Out of PS. Case No.-20 Year-2024 Thana- PALANWA District- East Champaran ====================================================== 1.

Ijhar Mian Son of Late Sadique Mian 2.

Hajara Khatoon Wife of Kalam Mian Both Resident of village - Belwa, P.S.- Bhelahi, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-06-2024

1. Heard learned counsel for the parties.

2. The petitioners have preferred this application for grant of regular bail in connection with Palanwa P.S. Case no.20 of 2024 registered under sections 307, 341, 326, 323, 447 and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that the five named accused persons including the two petitioners herein burnt his brother by using heated iron rod.

4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case. Admittedly the informant is not an eye witness to the occurrence. The manner of occurrence is other than what has been narrated in the F.I.R. While the petitioner no.1 is an old

Patna High Court CR. MISC. No.39693 of 2024(2) dt.03-06-2024 2/2 man, the petitioner no.2 happens to be a lady. Even from the F.I.R., the allegations are general and omnibus in nature. The petitioners are in custody since 14.2.2024 and chargesheet has been submitted in the case.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioners being general and omnibus in nature, their being in custody since 14.2.2024, not having any criminal antecedent and chargesheet having been submitted in the case, the Court directs both the petitioners to be enlarged on bail in connection with Palanwa P.S. Case no.20 of 2024 on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Raxaul at Motihari, East Champaran. (Partha Sarthy, J) Saurabh/- U T