Patna High Court Cr.Misc. No.30427 of 2011 (2) dt.09-09-2011
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30427 of 2011
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1. Md. Imamuddin @ Dhalwa, S/O Md. Mojim,
2. Bibi Jagani @ Jugali @ Jugani, W/O Md. Mojim,
3. Bibi Saigunia @ Sagunia, W/O Md. Mojim,
All are R/O- Pipra Khurd, P.S. and Distt- Supaul.
…. …. Petitioners
Versus
The State of Bihar
…. …. Opposite Parties
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2 09-09-2011 Heard learned counsel for petitioners and Mrs. Veena
Kuamri Jaiswan learned counsel for the State.
The petitioners apprehend their arrest in connection
with a case registered for the offence under sections 147, 18, 149,
323, 324, 307 and 302 of the Indian Penal Code.
In the F.I.R. altogether 10 persons including the
petitioners have been named in the category of accused. The
allegation is that they being variously armed with Lathi, iron rod
and spear etc. assaulted the brother of the informant, as a result of
which he sustained serious injuries and was taken to Hospital and
in course of treatment he died.
It is submitted on behalf of the petitioners that though
there is allegation of multiple assault by several persons, the post
mortem report goes to suggest that there were only two injuries.
There was a counter case also with respect to the incident of
occurrence and the same was registered as Supaul P.S. Case No.
Patna High Court Cr.Misc. No.30427 of 2011 (2) dt.09-09-2011
376 of 2010. It is also submitted that on conclusion of
investigation though the police found allegation to be true against
other co-accused persons but the petitioners were not sent up for
trial. However, differing with the police report the Magistrate has
taken cognizance of the offence as against them too. It is further
submitted that petitioner nos. 2 and 3 are ladies.
Taking into consideration the aforesaid submissions, let
the above named petitioners in the event of their arrest or
surrender before the court below within a period of four weeks
from the date of receipt/communication of the order be released on
bail on furnishing bail bonds of Rs.5,000/- (five thousand) each
with two sureties of the like amount each to the satisfaction of the
learned Chief Judicial Magistrate, Supaul in connection with
Supaul P.S. Case No. 375 of 2010, subject to the conditions as laid
down under section 438(2) of the Code of Criminal Procedure
(Ashwani Kumar Singh, J)
Bhardwaj/-