Md. Kadir @ Abdul Kadir @ Md. Kedar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25281 of 2017 Arising Out of PS.Case No. -59 Year- 2017 Thana -MARHAURA District- SARAN ======================================================
1. Md. Kadir @ Abdul Kadir @ Md. Kedar Son of Late Israil Ansari.
2. Taslim Ansari.
3. Yusuf Ansari. Both Sons of Md. Kadir @ Abdul Kadir @ Md. Kedar, all Resident of Village-Tehanti, P.S.-Marhowrah, District-Saran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Harish Kumar For the Opposite Party/s : Mr. Sri Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 01-07-2017 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioner seeks pre-arrest bail in connection with Marhowrah P.S.Case No. 59 of 2017 registered under Sections 341, 323, 324, 307, 504, 506 and 34 of the Indian Penal Code.
It is contended by the learned counsel for the petitioners that from perusal of the FIR itself, it would be evident that the ingredients of the offence under Section 307 of the Indian Penal Code are not attracted in the present case. He submitted that in any view of the matter there is no allegation that the petitioners ever intended to kill the informant.
Patna High Court Cr.Misc. No.25281 of 2017 (2) dt.01-07-2017 2/2 Be that as it may, regard being had to the fact that specific allegation of assault with Dab is against co-accused Shahnaj Khatoon,in the event of arrest or surrender, the petitioners named above are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Saran at Chapra in connection with Marhowrah P.S.Case No. 59 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) Pradeep/- U T