Mumtaz @ Mumtaz Alam And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7743 of 2015 Arising Out of PS.Case No. -115 Year- 2013 Thana -POTHIYA (Paharkatta) DistrictKISANGANJ ======================================================

1. Mumtaz @ Mumtaz Alam S/o- Kafiludin

2. Asfaque S/O Pir Ali @ Peroli Resident of Bagalbari, P.S.- Paharkatta, District- Kishanganj .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Diwakar Sinha For the Opposite Party/s : Mr. Ashraf Ansari(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-05-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in connection with Pothia (Paharkatta) P.S. Case No. 115 of 2013 registered for the offences punishable under Sections 302 & 201 of the Indian Penal Code.

Learned counsel for the petitioners submits that the allegation against the petitioners is merely on the basis of suspicion.

Learned counsel for the State after perusal of the case

Patna High Court Cr.Misc. No.7743 of 2015 (3) dt.20-05-2015 2/3 diary, has submitted that the mother Sukri Khatun, of deceased (Rubina Khatoon) has stated in Paragraph 19 and 110 of the case diary that her daughter had sold off some land and only a part of the said profits were given to her husband. It is submitted that it was on account of the fact that the present husband of Rubina Khatoon, had been wanting the money for his own ...... that he had killed her daughter. Learned counsel for the petitioner submits that it is only because the petitioner was a friend of the said Mustakim that his name has apparent in the present case on the basis of mere suspicion.

Considering the aforementioned submissions and the materials in the case diary and also the fact that the petitioners have got no criminal antecedents, let the petitioners, in the event of their arrest or surrender before the court below within a period of three weeks' from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief judicial Magistrate, Kishanganj in connection with Pothia (Paharkatta) P.S. case No. 115 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C..

(Anjana Mishra, J) sushma/-

Patna High Court Cr.Misc. No.7743 of 2015 (3) dt.20-05-2015 3/3 U