Mazrul Alam And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53146 of 2016 Arising Out of PS.Case No. -31 Year- 2016 Thana -MAHILA P.S. District- KISANGANJ ======================================================
1. Mazrul Alam
2. Musfique Alam @ Margub Alam
3. Mojammil Alam and
4. Nafis Alam All sons of Late Sagiruddin All resident of Ambari Chunamari, Police Station- Kochadhaman, District- Kishanganj. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dilip Kumar Singh For the Opposite Party/s : Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 23-12-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Mahila P.S. Case No. 31 of 2016 registered under Sections 344, 498, 498A, 504, 506, 376/34 and 313 of the Indian Penal Code.
Learned counsel appearing on behalf of the petitioners submits that petitioners have falsely been implicated in this case. The informant in her statement recorded under Section 164 Cr. P.C. specifically stated that the petitioners were only present there. The allegation of rape has been levelled against the co-accused Muzaffar Alam, brother of the petitioners, not against
Patna High Court Cr.Misc. No.53146 of 2016 (3) dt.23-12-2016 2/2 these petitioners. Moreover, there is no allegation of kidnapping in the F.I.R.
Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the S.D.J.M., Kishanganj in connection with Mahila P.S. Case No. 31 of 2016, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Arvind Srivastava, J) Shail/- U T