Nurullah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7115 of 2017 Arising Out of PS.Case No. -49 Year- 2016 Thana -RAMGARHWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Nurullah

2. Kalimullah

3. Jabiullah

4. Waliullah @ Oliullah @ Chhotan All Sons of Sk. Gyas Mohammad Resident of Village : Jumai Tola, Police Station : Ramgarhwa, District : East Champaran.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Adya Singh, Advocate For the Opposite Party/s : Mr. Satyavarat Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-03-2017 Heard learned counsel for the petitioners.

This is an application for bail in connection with Ramgarhwa P.S.Case No. 49 of 2016 registered for the offences punishable under Sections 341, 342, 323, 354A, 354B, 376/511, 504 and 506 of the Indian Penal Code.

It has been submitted on behalf of the petitioners that there are two parts in FIR, in first part there is allegation under Sections 376/511 IPC of which petitioners are no concern and in the second part there is allegation of assault against them to the informant and the injury report (Annexure-2) shows that the injuries are simple in nature and they are in custody for eight months.

Heard learned APP also.

Having heard both sides and considering the fact that there is allegation against the petitioners of assault and injuries are

Patna High Court Cr.Misc. No.7115 of 2017 (3) dt.02-03-2017 2/2 simple in nature and they are in custody for eight months, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the SubDivisional Judicial Magistrate, Raxaul at Motihari, East Champaran, in connection with Ramgarhwa P.S.Case No. 49 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move the cancellation of their bail.

(Vinod Kumar Sinha, J) spal/- U