Md. Naseem And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.62433 of 2018 Arising Out of PS. Case No.-331 Year-2016 Thana- PATNA COMPLAINT CASE DistrictPatna ======================================================
1. Md. Naseem Son of Sabo Miyan
2. Sabo Mian@ Md. Samo Miyan Son of late Suleman Miyan
3. Nasima Khatoon wife of Sabo Miyan
4. Md. Musatkim Miyan@ Md. Musatkim@ Mustkim Mian Son of late Makbul Miyan All are Resident of Village- AbbuMahammadpur, P.S.+P.O. Bakhtiyarpur, Distt. Patna. ... ... Petitioner/s
Versus
1. The State of Bihar.
2. Mithilesh Kumar Son of Sri Rameshwar Prasad Resident of Village - Naya Tola, Madhopur, P.S. Bakhtiyarpur, District- Patna. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Kashyap For the Opposite Party/s :
Mr. Md. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 13-12-2018 Heard counsel for the petitioners and counsel appearing on behalf of the State.
The petitioners are apprehending arrest in connection with Complaint Case No. 331 (C ) of 2016 for offences under Sections 365/34 of the Indian Penal Code. Counsel for the petitioners does not press this application on behalf of petitioner No. 1.
The application is dismissed as not pressed on behalf of petitioner no. 1, Md. Naseem. However, dismissal of the petitioner will not cause prejudice to the petitioner no. 1 in the event he surrenders and prays for regular bail before the
Patna High Court Cr.Misc. No.62433 of 2018(3) dt.13-12-2018 2/2 court below. The Court below is directed to dispose of the bail application on its own merit on the same day without being prejudiced by this order.
Considering the statement of the victim under Section 164 Cr.P.C. the court is inclined to grant anticipatory bauil to petitioner nos. 2 to 4 Let the petitioner nos. 2 to 4, above named, in the event of arrest or surrender within four weeks from today, be released on bail 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 -cumSub Judge-III, Barh, Patna in connection with Complaint Case No. 331 (C ) of 2016, subject to the conditions as laid down under Section 438(2) Cr. P. C.
(Anil Kumar Upadhyay, J) spandey/- U T