Md. Ali Jinna And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58295 of 2018 Arising Out of PS.Case No. -78 Year- 2018 Thana -CHAPRA MUFFASIL District- SARAN ======================================================
1. Md. Ali Jinna, Son of Md. Habib Miyan,
2. Seema Khatoon, Wife of Md. Ali Jinna, Both Resident of VillageBishunpura P.S.- Chapra Muffasil Dist.- Saharsa. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Chandra Mohan Jha, Advocate For the Opposite Party/s : Mr. Sri Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 28-09-2018 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek anticipatory bail in a case instituted for the offences under Sections 304(B) / 34 of the Indian Penal Code.
Petitioner no.1 is serving in Indian Army and he alongwith his wife (petitioner no.2) staying in Delhi, attached with Colonel (Mr. Deepak Varshney).
Learned counsel for the petitioners submits that at the time of death of the victim, the petitioners were not at Chapra, but wrongly they been framed in this case. He has further submitted that petitioners do not have any relation with the victim. Looking to the facts and circumstances of the case, in the
Patna High Court Cr.Misc. No.58295 of 2018 (2) dt.28-09-2018 2 /2 event of arrest or surrender within four weeks from today, let petitioners, namely, Md. Ali Jinna and Seema Khatoon, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra in connection with Chapra Muffasil P.S. Case No.78 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Shivaji Pandey, J) Vinay/Sunny U T