IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.2227 of 2011
JAHANGIR AND ORS.
Versus
THE STATE OF BIHAR
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2. 22.02.2011. Heard learned counsels for the
petitioners and the State.
The petitioners are apprehending their
arrest in a case registered under Sections
341,323, 325,436/34 of the I.P.C.
It is submitted by the learned counsel
for the petitioners that only accusation
under Section 436 of the I.P.C. is not
bailable.
Since the specific allegation of
litting the house on fire is against
petitioner no. 2, Niyamat, I am not inclined
to grant anticipatory bail to petitioner No.
2, Niyamat. The prayer for grant of
anticipatory bail of petitioner no.2,
Niyamat is rejected.
However, learned court below may
consider the regular bail application of
petitioner No. 2, Niyamat considering the
fact that there is case and counter case if
the petitioner No. 2, Niyamat surrenders and
prays for regular bail within a period of
four weeks from today.
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Learned counsel for the petitioners
further submitted that during investigation
it has come that the house was not burnt.
Let the other petitioners, Jahangir,
Md. Kamruddin @ Karmuddin, Md. Jabbar @
Jabbar, Siddique, Lelai Miyan, Amna Khatoon,
Samira Khatoon @ Samida, Salemani Khatoon
and Chunni Khatoon be released on bail in
the event of arrest or surrender before the
learned court below within a period of
twelve weeks from today in connection with
Jogbani (Bathanaha) P.S. Case No. 53 of 2010
on furnishing bail bond of Rs. 10,000/-(Ten
Thousand) each with two sureties of the like
amount each to the satisfaction of the
learned C.J.M. Araria, subject to the
conditions as laid down under Section 438(2)
of the Code of Criminal Procedure.
U.K. (Dinesh Kumar Singh,J)