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Patna High CourtCR. MISC./38758/2018bail granted

Sagir Alam @ Master And ANR v. The State Of Bihar

2018-07-18Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38758 of 2018 Arising Out of PS.Case No. -482 Year- 2017 Thana -GOPALGANJ TOWN District- GOPALGANJ ======================================================

1. Sagir Alam @ Master,

2. Khurshid Alam @ Kusaid Alam Both Sons of Kabilal Mian, R/o Vill.- Jangalia, P.O. & P.S.- Gopalganj, District- Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashish Giri For the Opposite Party/s : Mr. Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-07-2018 The petitioners are apprehending their arrest in connection with Town P.S. Case No. 482 of 2017, registered for offences punishable under Sections 302/34 of the Indian Penal Code.

Allegation as per F.I.R. is that one Vapun Das has informed the informant that his niece hung herself and died. Thereafter, he came and found that his niece has died. It is also alleged that she was killed by the petitioner who is named in the F.I.R.

It has been submitted on behalf of the petitioners that they were running Orchestra party and the deceased was a performer there and there was no dispute between Orchestra party and the deceased and as a matter of fact there was a dispute between deceased and her husband, due to which she hanged

Patna High Court Cr.Misc. No.38758 of 2018 (3) dt.18-07-2018 2/3 herself and suicide. Further submission of learned counsel for the petitioners is that except suspicion there is nothing against the petitioners.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj, in connection with Town P.S. Case No. 482 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part to appear

Patna High Court Cr.Misc. No.38758 of 2018 (3) dt.18-07-2018 3/3 before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) sunil/-Amjad U T