Md. Islam and Others vs The State of Bihar

Jitendra Mohan Sharma, J.—Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in connection with a case registered for the offence punishable under sections 302/34 of the Indian Penal Code.

Allegedly, the sister of the informant was misbehaved by Md. Taslim, the petitioners and others and they tried to take her away forcibly on which she raised alarm and then the informant and his men reached there and in torch light identified the miscreants. On the next day panchayati was to be arranged but failed and in the evening after alarm being raised by his sister from maize field, the prosecution party found Md. Taslim and Md. Iliyas pressing her neck by her dupatta and Md. Islam had caught her both hands and Md. Sabir her both legs and on seeing the prosecution side the accused persons fled away leaving the sister of the informant dead.

Learned counsel for the petitioners seeks privilege of pre arrest bail of the petitioners placing their innocence, false implication and submitting that after investigation final form was submitted vide Annexure - 5 showing suspicion against Md. Taslim, but differing with the view, learned court below took cognizance, though, the petitioners have got no concern. There is previous enmity between informant and Md. Iliyas and as such the petitioners deserve sympathetic consideration.

Learned Additional Public Prosecutor fairly submits that after investigation final form was submitted and charge-sheet has been submitted against Md. Taslim showing suspicion.

Be that as it may, the petitioners in case of their arrest/surrender before the court below within one month, let the above named petitioners be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur, in connection with Minapur P.S. Case No. 55/2010, subject to condition laid down u/s 438(2) of the Code of Criminal Procedure.