Md. Ekhtiyar Alam @ Vikky @ Eftikhar @ Md. Iftokhar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60985 of 2023 Arising Out of PS. Case No.-580 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== 1.
MD. EKHTIYAR ALAM @ VIKKY @ EFTIKHAR @ MD. IFTOKHAR son of Late Md. Rashid Village- Bishwanathganj Ward no-7, Ps- Khagaria Dist- Khagaria 2.
Anwari Khatoon wife of Late Rashid Village- Bishwanathganj Ward no-7, Ps- Khagaria Dist- Khagaria 3.
Rehana Khatoon @ Raihana Khatoon wife of Md. Ekhtiyar Alam @ Vicky @ Eftikhar @ Md. Iftokhar Village- Bishwanathganj Ward no-7, PsKhagaria Dist- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amar Kumar Singh For the Opposite Party/s :
Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-12-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for regular bail in a case instituted for the offence under Sections 341, 323, 337, 338, 427, 308, 379, 504, 506/34 of the Indian Penal Code and Section 302 of the IPC was also added.
3. It is alleged by the informant that her sister has
Patna High Court CR. MISC. No.60985 of 2023(3) dt.08-12-2023 2/3 been killed by the petitioners along with all the F.I.R. named accused persons.
4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case due to dirty village politics. They have committed no offence. Petitioner no. 1 is the brother of the deceased's husband, petitioner no. 2 is the mother of the husband and petitioner no. 3 is the wife of petitioner no. 1. There is general and omnibus allegation against the petitioners and no specific overt act against them. On the basis of suspicion, petitioners have been implicated in the present case. He further submitted that the husband of the deceased has already been granted bail by this Bench vide order dated 21.03.2023 passed in Cr. Misc. No. 58107 of 2022. Petitioners have got no criminal antecedent as stated in para-3 of the bail petition. They are languishing in judicial custody for about seven months.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged
Patna High Court CR. MISC. No.60985 of 2023(3) dt.08-12-2023 3/3 on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Khagaria in connection with Khagaria P.S. Case No. 580 of 2022.
(Sunil Kumar Panwar, J) Arish/- U T