Shahina Khatoon And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34078 of 2018 Arising Out of PS.Case No. -63 Year- 2014 Thana -HATHAURI District- MUZAFFARPUR ======================================================
1. Shahina Khatoon, W/o Md. Wasim D/o Md. Zahoor Alam @ Meer Jahoor, R/o Village- Bhadai, P.S. Hathauri, Dist.- Muzaffarpur.
2. Md. Sadre Alam @ Sadre Alam, S/o Md. Zahoor Alam @ Meer Jahoor, R/o Village- Barri, P.S. Katra, Dist.- Muzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. S. Jamil Akhtar For the Opposite Party/s : Mr. Sri Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-08-2018 The petitioners are apprehending their arrest in connection with Hathauri P.S. Case No. 63 of 2014, registered for offences punishable under Sections 302 and 211 of the Indian Penal Code.
Allegation against the petitioners is that they assaulted the deceased by Mungri causing death of the deceased. Submission of learned counsel for the petitioners is that there is no eye witness of the occurrence and they have falsely been implicated in this case only on the basis of suspicion. Learned counsel for the State could not controver the above submisison.
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
Patna High Court Cr.Misc. No.34078 of 2018 (3) dt.29-08-2018 2/2 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 Sub Judge X Cum A.C.J.M., Muzaffarpur, in connection with Hathauri P.S. Case No. 63 of 2014, 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 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