Mehrun Nisha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38637 of 2023 Arising Out of PS. Case No.-67 Year-2023 Thana- ROSHANGANJ District- Gaya ====================================================== 1.
MEHRUN NISHA wife of Md. Sohrab ansari Village- Jondhi Ps- Banke Bazar Dist- Gaya 2.
Md. Sohrab Ansari son of Safique ansari Village- Jondhi Ps- Banke Bazar Dist- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Murad Ashraf For the Opposite Party/s :
Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-09-2023 Learned counsel for the petitioners is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks.
2. Heard learned counsel for the petitioners and learned A.P.P. for the State.
3. The petitioners have preferred this application for grant of regular bail in connection with Roushanganj (Banke Bazar) P.S. Case No. 67 of 2023 dated 04.03.2023 registered for the offences punishable u/ss 363, 302 and 120B read with section 34 of the Indian Penal Code.
4. As per the prosecution case, the informant's son was found traceless and his mobile phone was also found
Patna High Court CR. MISC. No.38637 of 2023(3) dt.01-09-2023 2/3 switched off. Accordingly an FIR was lodged against unknown.
5. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. An FIR has been lodged against unknown. The name of the petitioner has surfaced during the investigation. There is no eye witness to the said occurrence. Nothing incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 08.03.2023.
6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.
7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Sherghati, Gaya in connection with Roushanganj (Banke Bazar) P.S. Case No. 67 of 2023 with the condition:- (i) The petitioner is directed to remain physically present before the learned Court
Patna High Court CR. MISC. No.38637 of 2023(3) dt.01-09-2023 3/3 below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
8. The application stands allowed.
(Chandra Prakash Singh, J) Alok Verma/- U T