Md. Ismail And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17911 of 2018 Arising Out of PS. Case No.-612 Year-2017 Thana- KRITYANAND NAGAR DistrictPurnia ======================================================

1. Md. Ismail, Son of Md. Islam @Noor Islam,

2. Md. Sharif, Son of Md. Alam,

3. Mashraful Haque @ Mashraful @ Mashrul, Son of Hannan, All resident of Village- Ekra, P.S.- Bausi (Basauth), District- Araria. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sada Nand Roy For the Opposite Party/s :

Mr. Sri Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-05-2018 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners seek regular bail in connection with K. Nagar (Sri Nagar) P.S. Case No. 612 of 2017, registered for the offence punishable under Sections 302 and 201/34 of the Indian Penal Code.

The allegation is regarding the daughter of the informant having gone to watch wheat crops from being destroyed by the birds. After a while, the daughter of the informant did not return, the informant started searching her daughter and thereafter, her dead body was found in ditch with water. One Aftab Alam is said to be fishing nearby and he disclosed that the accused persons i.e. the petitioners herein had committed murder of the daughter of the informant.

Patna High Court Cr.Misc. No.17911 of 2018(5) dt.29-05-2018 2/2 The learned counsel for the petitioners submits that the petitioners herein have merely been roped in on the basis of suspicion, however, there is no material on record to suggest the complicity of the petitioners in the occurrence. It is further submitted that even the police have come to the conclusion during the course of investigation that no rape was committed with the victim girl. It is further submitted that the petitioners are having a clean antecedent and they are languishing in custody since 19.12.2017.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioners on regular bail.

Accordingly, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with K. Nagar (Sri Nagar) P.S. Case No. 612 of 2017.

(Mohit Kumar Shah, J) ajay gupta/- U T