Md. Abran And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37150 of 2017 Arising Out of PS.Case No. -472 Year- 2014 Thana -MINAPUR District- MUZAFFARPUR ======================================================

1. Md. Abran, Son of Late Tahir, R/o Village- Ali Neura, P.S.- Minapur, District- Muzaffarpur.

2. Md. Asraf Son of Late Mansoor, R/o Village- Noor Chhapra, P.S.- Minapur, District- Muzaffarpur.

3. Md. Alisher,

4. Md. Yunus,

5. Rahamtullah, All Sons of Md. Ishaque Mian, R/o Chand Parna, P.S.- Minapur, District- Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jai Prakash Verma For the Opposite Party/s : Mr. Sri Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-08-2017 Heard the parties.

The petitioners are apprehending arrest in connection with Minapur P.S.Case No.472 of 2014, registered for offences punishable under Sections 302 and 34 of the Indian Penal Code. The petitioners are named in the F.I.R. and the allegation is of causing death of the mother of the informant. Submission of the learned counsel for the petitioners is that there is no eye witness to the occurrence and it has been stated that the petitioners were seen fleeing from the place of occurrence and further submission is that in this case final form has been submitted against the petitioners not sending them for trial and the learned trial court differing with the opinion of the I.O. has taken cognizance of the petitioner.

Patna High Court Cr.Misc. No.37150 of 2017 (2) dt.19-08-2017 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st Class, Muzaffarpur in connection with Minapur P.S.case No.472 of 2014 dated 30.11.2014, 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 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, otherwise, the prosecution is free to move for cancellation of their bail bond.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T