Patna High CourtCR. MISC./8252/2016bail granted

Md. Salim And ORS. v. The State Of Bihar

2016-04-11Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.8252 of 2016 (2) dt.11-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8252 of 2016 Arising Out of PS.Case No. -256 Year- 2005 Thana -RUNISAIDPUR District- SITAMARHI ======================================================

1. Md. Salim

2. Md. Ashik

3. Md. Shadik

4. Md. Aslam, all are sons of Md. Murtaja, all are resident of VillageMahesh Farakpur, P.S.- Runnisaidpur, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hans Lal Kumar For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-04-2016 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 376, 420, 313/34 of the Indian Penal Code registered in connection with Runnisaidpur P.S. Case No. 256 of 2005.

3. It is submitted that the petitioners have been falsely implicated as even according to the F.I.R., the informant was already married to Md. Siraj being the cousin of the petitioner no. 1.

4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named

Patna High Court Cr.Misc. No.8252 of 2016 (2) dt.11-04-2016 petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, in connection with Runnisaidpur P.S. Case No. 256 of 2005, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions :

(i) The petitioners shall cooperate with the investigation and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(ii) The petitioners shall remain physically present on each and every date during trial and in the event of failure on two consecutive dates, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Md. Ibrarul/- U T