Mumtaz Quraishi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1158 of 2018 Arising Out of PS. Case No.-575 Year-2017 Thana- MOTIHARI TOWN District- East Champaran ====================================================== 1.Mumtaz Quraishi son of Lal Babu Quarishi.

2.Imteyaz Quraishi son of Lal Babu Quraishi. 3.Lal Babu Quraishi son of Late Kuddus Quraishi. All resident of Mohalla Nakchhed Tola P.S. Motihari Town, District East Champaran.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shakil Ahmad Khan For the Opposite Party/s :

Mr. SMT. MADHURI LATA ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-02-2018 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the informant. The petitioner seeks bail in Motihari Town P.S. Case No. 575 of 2017 registered for the offence punishable under Sections 302, 379, 120B, 201/34 of the Indian Penal Code. Informant is the mother of the deceased, who in her statement on 24.08.2017 had stated that on 19.08.2017, his son Barkat Ali was taken away by the petitioners from his house and his sister had seen that the accused-petitioner had taken his son from his house and on 24.08.2017, she came to know that a dead body was found and it was identified as son of informant and in her FIR she has named the petitioners that they

Patna High Court Cr.Misc. No.1158 of 2018(3) dt.07-02-2018 2/2 have committed murder of his son.

Learned counsel for the petitioners states that they have been falsely implicated in this case on the basis of suspicion only and they are innocent. There has been previous dispute between the parties and for such reason they have been falsely implicated in this case. Petitioner nos. 1 and 2 are in custody since 30.08.2017 and petitioner no. 3 is in custody since 28.08.2017.

Learned counsel for the informant vehemently opposes the prayer for bail.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Motihari Town P.S. Case No. 575 of 2017.

(S. Kumar, J) ranjan/- U