Patna High CourtCR. MISC./8384/2017allowed

Md. Nuruzzama And ORS v. The State Of Bihar

2017-03-28Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8384 of 2017 Arising Out of PS.Case No. -39 Year- 2013 Thana -JHANJHARPUR District- MADHUBANI ======================================================

1. Md. Nuruzzama, Son of Md. Abul Kalam,

2. Md. Sadruzzama, Son of Md. Abul Kalam,

3. Tufezul, Son of Md. Islam,

4. Hushma Arra @ Lallia, Wife of Md. Baduzzama, All resident of VillageGidargunj, P.S.- Andhrathadhi, District- Madhubani. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar, Advocate For the Opposite Party/s : Mr. Sri Bisheshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 28-03-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Jhanjharpur P.S. Case No. 39 of 2013 registered under Sections 279,337,338,304(A) of the Indian Penal Code later on charge sheet has been submitted under Sections 302,201/34 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioners submits that the petitioners have been falsely implicated in the present case due to local politics. They are neither named in the F.I.R nor has any recovery been made from their possession. The other co-accused, in their statement under

Patna High Court Cr.Misc. No.8384 of 2017 (3) dt.28-03-2017 2/2 Section 164 Cr.P.C., have not disclosed the name of the petitioners. Also there is no material in the Case diary with regard to involvement of the petitioners.

Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Jhanjharpur in connection with Jhanjharpur P.S. Case No. 39 of 2013 subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Arvind Srivastava, J) Prakash/- U T