Md. Fulbabu @ Fulbabu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64181 of 2019 Arising Out of PS. Case No.-56 Year-2018 Thana- BAHADURGANJ District- Kishanganj ====================================================== 1.

MD. FULBABU @ FULBABU, aged about 32 years, Male, Son of Md. Akatu, Resident of Village - Talbari - Altabari, P.S.- Bahadurganj, Distt - Kishanganj 2.

Furgun Nisha, aged about 45 years, Female, Wife of Akalu Resident of Village - Talbari - Altabari, P.S.- Bahadurganj, Distt - Kishanganj 3.

Rakim @ Rakimudin, aged about 58 years, Male, Son of Sikarat @ Sikarat Ali Resident of Village - Talbari - Altabari, P.S.- Bahadurganj, Distt - Kishanganj ... Petitioners

Versus

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

For the Petitioners :

Mr. Onkar Nath, Adv.

For the Opposite Party :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-10-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.

The petitioners seek pre-arrest bail in connection with Bahadurganj P.S. Case No. 56 of 2018 registered under Sections 436, 379 and 34 of the Indian Penal Code.

The accusation is that on 28.02.2018 at about 09.00 p.m., informant came out from his house for urinal, then, saw that his house is burning. He raised alarm and saw that Md. Fulbabu (petitioner no. 1) have kerosene oil container in hand and Furgun Nisha (petitioner no. 2) fleeing from there. At that time, Rakim (petitioner no. 3) was also moving with bicycle kept in his courtyard. Cause of occurrence is land dispute.

Patna High Court CR. MISC. No.64181 of 2019(2) dt.22-10-2019 2/2 Submission is that in fact informant had not seen the occurrence of putting the fire in his house. Mere on suspicion, he has implicated the petitioners due to land dispute. Petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the petitioners, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Bahadurganj P.S. Case No. 56 of 2018 shall be released 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 the Chief Judicial Magistrate, Kishanganj, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T