Md. Salauddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47132 of 2019 Arising Out of PS. Case No.-184 Year-2013 Thana- SARAIYA DistrictMuzaffarpur ====================================================== 1.

MD. SALAUDDIN, male, aged about 36 years, S/O Md. Bashir Resident of Village- Repura Rampur Vishwanath, P.S.- Saraiya (Jaitpur O.P.), DistrictMuzaffarpur. 2.

Md. Bashir, male, aged about 63 years, S/O Md. Ibrahim Resident of Village- Repura Rampur Vishwanath, P.S.- Saraiya (Jaitpur O.P.), DistrictMuzaffarpur. 3.

Muniya Begum, female, aged about 29 years, W/O Md. Nazruddin Resident of Village- Repura Rampur Vishwanath, P.S.- Saraiya (Jaitpur O.P.), District- Muzaffarpur.

... ... Petitioners

Versus

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

For the Petitioners :

Mr. Diwakar Prasad Karn, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 31-07-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 304(B), 201/34 of the Indian Penal Code registered in connection with Saraiya (Jaitpur O.P.) P.S. Case No. 184 of 2013.

3. It is submitted that the petitioners have been falsely implicated and in any event after due investigation by the police final form has been submitted but differing from the same cognizance has been taken on 26.02.2014. There is delay in instituting the F.I.R. on 13.07.2013 for the alleged occurrence of

Patna High Court CR. MISC. No.47132 of 2019(2) dt.31-07-2019 2/2 12.07.2013. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate Ist Class, Muzaffarpur in connection with Saraiya (Jaitpur O.P.) P.S. Case No. 184 of 2013, 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 petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T