Imran Mian And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1637 of 2016 Arising Out of PS.Case No. -75 Year- 2015 Thana -SIKTA District- WEST CHAMPARAN(BETTIAH) ======================================================

1. Imran Mian son of Masayddin Mian

2. Salima Khatoon wife of Imran Mian

3. Afsana Khatoon daughter of Imran Mian All residents of Village - Jhumka, P.S. - Sikta, District - West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. A.A.Khan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-03-2016 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners are accused in connection with Sikta P.S. Case No. 75 of 2015 registered under Section 302/34 of the I.P.C. The prosecution case is that Fakhare Alam @ Babloo, brother of the informant, Anwar Alam, had gone to sleep at about 9.00 pm. on 27.07.2015 at cattle shed and on 28.07.2015, in the morning, the informant came to know about throwing the dead body of Fakhare Alam @ Babloo behind the house of the Imran Mian whereupon the informant and villagers went and saw the dead body of his brother, Fakhare Alam, which appears to be dragged from the house of the petitioner, Imran Mian. The

Patna High Court Cr.Misc. No.1637 of 2016 (3) dt.01-03-2016 2/2 informant raised suspicion about killing the deceased by the petitioners and their family members due to love affairs of his brother, Fakhare Alam with Afsana Khatoon, daughter of Imran Mian.

Learned counsel appearing on behalf of the petitioners submits that it would appear from the F.I.R. and the case diary that only suspicion has been raised against the petitioners and others about causing the death of the deceased, brother of the informant, due to love affairs of the deceased with the daughter of the petitioner no.1, Imran Mian. Except that, there is nothing against the petitioners to show their involvement in the present case. It is also submitted that petitioners have no criminal antecedent and are in custody since 29.07.2015. Having considered the facts and circumstances of the case, let the above named petitioners 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 A.C.J.M., Bettiah, West Champaran in connection with Sikta P.S. Case No. 75 of 2015.

(Rajendra Kumar Mishra, J.) Shail/- U T