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 ====================================================== 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 ====================================================== 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 Bhardwaj/- (Ashwani Kumar Singh, J)