Md. Umar Ali @ Umar Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52541 of 2019 Arising Out of PS. Case No.-48 Year-2019 Thana- ISUAPUR District- Saran ====================================================== MD. UMAR ALI @ UMAR ALI, aged about 60 years, male, Son of Tahir Hussain Resident of Village- Chandpura, P.S.- Isuapur, District- Saran ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Md. Anis Akhtar, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 302, 201, 120(B) of the Indian Penal Code registered in connection with Isuapur P.S. Case No. 48 of 2019.

3. It is submitted that the petitioner has been falsely implicated and had no relation with the deceased lady aged about 80 years and is merely a co-villager. The reason of his false implication is that there is dispute between the petitioner and the agnate of the informant and for which proceedings under Section 107 Cr. P.C. are ongoing (Annexure-3 series). After due investigation police has submitted final form exonerating the petitioner but however differing from the same cognizance has been taken. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each

Patna High Court CR. MISC. No.52541 of 2019(2) dt.22-08-2019 2/2 to the satisfaction of learned Sub-Divisional Judicial Magistrate, Saran at Chapra, District- Saran in connection with Isuapur P.S. Case No. 48 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T