Patna High Court granted bail to two petitioners accused in a murder conspiracy case involving the death of the husband's first stepdaughter, directing them to furnish a bond of Rs. 10,000 each with two sureties.
Released on bail on furnishing a bond of Rs. 10,000 each with two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23463 of 2015 Arising Out of PS.Case No. -34 Year- 2015 Thana -BHAWANIPUR District- PURNIA ====================================================== 1. Md. Zuber, Son of Ramjan Ali. 2. Ramjan Ali, Son of Late Jahiruddin. Both are residents of village - Bhangara, P.S. Bhawanipur, Distt. – Purnea. .... .... Petitioners Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioners : Mr. Dhananjaya Nath Tiwari, Advocate. For the Opposite Party : Mr. Jagdhar Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 3 12-08-2015 The petitioners are languishing in custody since 11.02.2015 in connection with Bhawanipur P.S. Case No. 34 of 2015 for the offences instituted under Sections 302 and 120(B) of the I.P.C. Heard learned counsel for the petitioners and learned counsel for the State. The prosecution story, in brief, is that the younger daughter of the informant Sahin Parveen was enticed away by Md. Imtyaz about six months ago and married with her. For that occurrence, he had filed a kidnapping case against him and since then the relation of his family and the family of Md. Imtyaz was strained. Md. Imtyaz was already married and he had one son and
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three daughters from his earlier wife. After his marriage with the informant’s daughter, his previous wife also filed a case against Md. Imtyaz and the informant’s daughter Sahin Parveen and both were forwarded to jail. After releasing from jail, Md. Imtyaz and informant’s daughter Sahin Parveen were living alongwith his previous wife and other family members of Md. Imtyaz. On 09.02.2015 at about 6 A.M., he received information that Md. Imtyaz and his family members, having conspired, killed Sahin Parveen by strangulating her neck. He claimed that Md. Imtyaz, Parwez Alam, Zuber(petitioner no. 1), Shahabuddin, Jhunnu, Previous wife of Md. Imtyaz, Asgari Khatoon and Ramjan Ali(petitioner no. 2) are involved in the conspiracy of murder of his daughter. On the basis of fardbeyan of the informant, Bhawanipur P.S. Case No. 34 /15 was instituted under Sections 302 and 120B of the I.P.C. against eight accused persons including these petitioners.
It has been submitted on behalf of the petitioners that the petitioners are in custody since 11.02.2015 and the charge sheet has already been submitted in the present case. It is further submitted that the petitioner no. 1 is the Dewar of the deceased. Petitioner No. 2 is the father-in-law of the deceased. The husband of the deceased is already in custody.
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On behalf of the State it has been submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail 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 A.C.J.M., Purnea, in connection with Bhawanipur P.S. Case No. 34 of 2015.
U.K./U T
(Sudhir Singh, J)
1 issue framed by the court
Whether the petitioners accused under Section 302 IPC are eligible for release on bail having lodged the charge sheet.
1 provisions across 1 enactments
Md. Zuber
Ramjan Ali
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
