Raquib v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41185 of 2019 Arising Out of PS. Case No.-20 Year-2019 Thana- MAHILA P.S. District- Araria ====================================================== 1.

RAQUIB S/O Late Mainuddin Resident of Village- Belwa Patkan Tola, Ward No. 10, P.S. and District- Araria.

2.

Bibi Munni W/O Raquib Resident of Village- Belwa Patkan Tola, Ward No. 10, P.S. and District- Araria.

3.

Md. Munazir @ Munazir S/O Raquib Resident of Village- Belwa Patkan Tola, Ward No. 10, P.S. and District- Araria. 4.

Md. Ektiyar @ Ekhtiyar S/O Raquib Resident of Village- Belwa Patkan Tola, Ward No. 10, P.S. and District- Araria. 5.

Md. Ragib @ Ragib S/O Raquib Resident of Village- Belwa Patkan Tola, Ward No. 10, P.S. and District- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-07-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 447, 341, 323, 307, 354(B), 504, 506, 315/34 IPC registered in connection with Mahila P.S. Case No. 20/2019.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of land dispute. There is inordinate delay in institution of the FIR on 16.03.2019 for the alleged occurrence of 20.02.2019.The accusations are general and omnibus in nature. Specific accusation is against co-accused Md. Muntazir. There is no injury report on record to corroborate the injuries. The petitioners claim clean antecedents.

4. Be that as it may, 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 petitioners be

Patna High Court CR. MISC. No.41185 of 2019(2) dt.04-07-2019 2/2 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 SDJM, Araria, in connection with Mahila P.S. Case No. 20/2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioners shall co-operate with the investigation, if not already concluded, 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.

iv. The petitioner nos. 1, 3, 4 and 5 shall remain physically present and petitioner no. 2 shall be well represented in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Chandran/- U T