Patna High CourtCR. MISC./46203/2015allowed

Sheikh Saffique And ORS. v. The State Of Bihar

2015-11-30Mr. Justice Ramesh Kumar Datta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46203 of 2015 Arising Out of PS.Case No. -14 Year- 2015 Thana -HASANGANJ District- KATIHAR ======================================================

1. Sheikh Saffique S/o Late Sheikh Azu

2. Sheikh Mozim @ Sk. Mojim S/o Late Sheikh Ibrahim

3. Sheikh Gyas @ Md. Ghyasuddin S/o Late Sheikh Ibrahim All are residents of Village - Dharua Tola, Kharwana, P.S. - Hasanganj, District - Katihar.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. N.K.Agrawal, Sr.Advocate with Mr. Dhananjaya Nath Tiwari, Advocate For the Opposite Party/s : Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 30-11-2015 Heard learned counsel for the petitioners and learned Additional P.P. for the State.

The petitioners pray for anticipatory bail in a case under Sections 302 and 120B/34 of the Indian Penal Code. It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in this case for the sole reason that the main accused in the case Sheikh Nayeem is the cousin nephew of the petitioners. It is also submitted by learned counsel that the father and the brother of the said main accused Sheikh Nayeem have already been granted anticipatory bail by this Court by order dated 15.10.2015 in Cr.Misc.No. 41404 of 2015.

Patna High Court Cr.Misc. No.46203 of 2015 (2) dt.30-11-2015 On a consideration of the facts and circumstances of the case, it is directed that the petitioners, namely, (1) Sheikh Saffique, (2) Sheikh Mozim @ Sk. Mojim and (3) Sheikh Gyas @ Md. Ghyasuddin, in the event of their arrest/surrender in the court below within a period of four weeks from today shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each in connection with Hasanganj P.S.Case No. 14 of 2015 to the satisfaction of the Chief Judicial Magistrate, Katihar, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ramesh Kumar Datta, J) spal/- U