Md. Kalam Mansoori And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.8778 of 2016 (3) dt.12-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8778 of 2016 Arising Out of PS.Case No. -81 Year- 2015 Thana -PARSAUNI District- SITAMARHI ======================================================

1. Md. Kalam Mansoori S/o Late Bhutai Mian

2. Md. Munna S/o Md. Kalam Mansoori, Both residents of villageKalikapur, Piprahi, P.S.- Riga, District- Sitamarhi .... .... Petitioners

Versus

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

For the Petitioners : Mr. Ashhar Mustafa, Advocate For the Opposite Party : Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-04-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Parsauni P.S. Case No. 81 of 2015 for the offences instituted under Sections 302 and 120(B)/ 34 of the Indian Penal Code.

As per prosecution case, it is a case of murder of informant's husband, namely, Hashim Mansoori, on account of earlier dispute between the parties.

It has been submitted on behalf of the petitioners that the petitioners have falsely been implicated in the present case. The main allegation is against one Md. Abulaish who is alleged to have called the deceased in the night. As far as the petitioners are

Patna High Court Cr.Misc. No.8778 of 2016 (3) dt.12-04-2016 concerned, merely a suspicion has been raised against them. There is no circumstantial evidence to suggest their implication in the present case.

On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Parsauni P.S. Case No. 81 of 2015 on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Sitamarhi, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) B.Kr./- U T