Md. Gulam Rasul And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5317 of 2017 Arising Out of PS.Case No. -272 Year- 2016 Thana -JOKIHAT District- ARRARIA ======================================================
1. Md. Gulam Rasul S/o-Md. Gaffar,
2. Md. Kamal S/o-Md. lliyas,
3. Md. Nasim S/o-Md. Gulam Rasul, All are Resident of Village-Majgama, P.S.-Mahalgaon, District-Araria .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Naushad Uzzoha For the Opposite Party/s : Mr. Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-02-2017 Heard the parties.
This application has been filed in connection with Jokihat (Mahalgaon) P.S.Case No.272 of 2016 for the offence under Sections 341, 323, 324, 379, 504, 506/34 of the Indian Penal Code.
It is submitted on behalf of the petitioners that as per the learned counsel for the petitioners, though the petitioners have been implicated in this case under Section 307 and other Sections of the Indian Penal Code but the occurrence started due to quarrel between the children of both the parties and the allegations against the petitioners are omnibus in nature. There is one injury on the person of the injured that is simple in nature.
Patna High Court Cr.Misc. No.5317 of 2017 (2) dt.16-02-2017 2/3 Heard learned A.P.P. also.
Having heard both sides. In view of the aforesaid facts, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of Jokihat (Mahalgaon) P.S.Case No.272 of 2016 in connection with Sri Kumar Amit Manu, ACJM II, Araria , subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
With following conditions :
(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/-
Patna High Court Cr.Misc. No.5317 of 2017 (2) dt.16-02-2017 3/3 U