Shakir And ANR. v. The State Of Bihar

Patna High Court Cr.Misc. No.14738 of 2015 (3) dt.19-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14738 of 2015 Arising Out of PS.Case No. -176 Year- 2014 Thana -POTHIYA District- KISANGANJ ======================================================

1. SHAKIR, SON OF BACHA HUSSAIN.

2. ZUBAIR @ JUBAIR, SON OF LATE RAISUDDIN, BOTH RESIDENT OF VILLAGEADHIKARI, P.S.- PAHARKATTA (POTHIA), DISTRICT- KISHANGANJ .... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Hussain, Advocate. For the Opposite Party/s : Mr. Dashrath Mehta (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-08-2015 Heard learned counsel for the petitioners, learned counsel for the informant and the learned A.P.P. for the State. The petitioners are accused in connection with Pothia P.S. Case No. 176 of 2014 registered under Sections 302 and 201/34 of the Indian Penal Code.

The allegation of informant, Azimuddin, is that to compromise the kidnapping case, informant along with his mother, Jhariman Nisha, went in the Panchayati on call of villager, Rahaman @ Matel, where petitioners along with others named in the F.I.R. were present. On instruction of Matiur Rahman @ Matel, informant went at home but the mother of the informant did not return. The informant searched his mother but she could not

Patna High Court Cr.Misc. No.14738 of 2015 (3) dt.19-08-2015 found. Later on, informant came to know that the dead body of his mother, Jhariman Nisha, recovered from the boundary of bamboo bush and her neck was found to be chopped.

Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case mere on suspicion and there is no material against them showing their involvement in the case diary. It is further submitted that according to F.I.R. deceased, mother of informant, was called for Panchyati by Azmuddin and petitioners are said to be present in the Panchayat. The petitioners have no criminal antecedent and are in custody since 21.08.2014.

Having regard to the facts and the circumstances of the case, the petitioners above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate Ist Class, Kishanganj, in connection with Pothia P.S. Case No. 176 of 2014. (Rajendra Kumar Mishra, J) Bhardwaj/- U