Sajjad Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59098 of 2021 Arising Out of PS. Case No.-275 Year-2020 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.

SAJJAD MIAN S/o MOLAJIM MIAN R/o VILLAGE-BICHLA TOLA, P.S-LAKHAURA, DISTRICT-EAST CHAMPARAN.

2.

SADDAM MIAN S/o MOLAJIM MIAN R/o VILLAGE-BICHLA TOLA, P.S-LAKHAURA, DISTRICT-EAST CHAMPARAN.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-07-2022 Heard the parties.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioners apprehend their arrest in a case registered for the offence punishable u/s 302, 120B, 34 of the IPC. Allegedly, all the accused persons including the petitioners have killed the sister of the informant by tying rope in her neck.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such

Patna High Court CR. MISC. No.59098 of 2021(2) dt.04-07-2022 2/2 occurrence, in the manner as alleged, has ever taken place. There is general and omnibus allegation against the petitioners. It is submitted that the police registered F.I.R. under section 302 and 201/34 of the IPC but the charge sheet has been submitted u/s 306/34 of the IPC vide para-57 of the case diary. There is no specific allegation against the petitioners. The specific allegation is against the husband of the deceased. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Muffasil (Lakhaura) P.S. Case No.275/2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T