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Patna High CourtCR. MISC./20718/2016bail granted

Md. Isha Mian @ Isha Mian And ORS v. The State Of Bihar

2016-05-16Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20718 of 2016 Arising Out of PS.Case No. -140 Year- 2015 Thana -SISWAN District- SIWAN ======================================================

1. Md. Isha Mian @ Isha Mian son of Late Maqbul Mian

2. Saida Khatoon wife of Md. Isha Mian @ Isha Mian

3. Md. Saddam @ Saddam Hussain

4. Md. Shahid both sons of Md. Isha Mian @ Isha Mian .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Diwakar Prasad Singh, Advocate For the Opposite Party/s : Mr. Renuka Ratnakar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-05-2016 Heard learned counsels for the petitioners and the State.

The petitioners being parents and brothers of the husband of the victim are apprehending arrest in a case registered for the offences punishable under Sections 498A and 302/34 of the Indian Penal Code.

Prosecution case is of killing the daughter of the informant after about nine years of marriage. It is submitted by learned counsel for the petitioner that only on suspicion the petitioner has been roped in the present case. On conclusion of investigation, the final form was submitted as the case was not found true but differing with the

Patna High Court Cr.Misc. No.20718 of 2016 (2) dt.16-05-2016 2/2 final form learned Magistrate took cognizance in the matter and issued process against the petitioner also. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the fact that accusation is not found true during investigation, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Siwan, in connection with Siswan P.S. Case No.140/2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T