Shamim Khan @ Samim Khan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49307 of 2018 Arising Out of PS.Case No. -41 Year- 2017 Thana -UPHARA District- AURANGABAD ======================================================

1. Shamim Khan @ Samim Khan,

2. Md. Numan Ahmad @ Ahamad @ Numan Khan

3. Manzar Khan All Sons of Ainullah Khan @ Ainul Khan, All R/o Vill. + P.O. Daudwan, P.S.- Uphara, District- Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Syed Firoz Raza For the Opposite Party/s : Mr. Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-10-2018 Heard learned counsel for the petitioners, O.P. No. 2 and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 302, 201/34 of the Indian Penal Code. The prosecution case, in brief, is that an unknown dead body of a woman was found in Nala Badhar of Hamidnagar. It has been submitted on behalf of the petitioners there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. One of the brothers of the petitioner is said to have married with the deceased. Merely on the basis of the same, the petitioner is suspected to be involved in the present case. Except

Patna High Court Cr.Misc. No.49307 of 2018 (3) dt.25-10-2018 for suspicion, there is no other substantial evidence to suggest the implication of the petitioner in the present case. There is no eye witness to the alleged occurrence.

On behalf of the State and O.P. No. 2, it is submitted that the petitioners are named in the Complaint Case/F.I.R. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Uphara P.S. Case No. 41 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T