IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22365 of 2009 1. MD.NOOR HASAN, son of Md. Mofib 2. MD. HASHIM, son of Md. Salim. 3. MD. JAAN, son of Late-Suleman 4. MD. RAUF @ ABDUL RAUF, son of Late-Yakub. 5. MD. KAMARE ALAM, son of Md. Taslim. Petitioner No. 1 and 5 are the resident of village-Maubehat and rest three petitioners i.e. petitioner Nos. 2, 3, 4 are resident of village-Kamani Tole, P.S.-Manigacchi, District-Darbhanga. ……Petitioners Versus The State Of Bihar …..Opposite Party With Cr. Misc. No. 25306 of 2009 1. MANIKANT JHA, son of Sri. Santlal Jha 2. MD. KARI, son of Hafijul Rahman Both resident of village-Maubehat, P.S.-Manigachhi, District-Darbhanga. ……Petitioners Versus The State Of Bihar …….Opposite Partys ------------ 02. 03.08.2009 In both these applications petitioners apprehend arrest in Complaint Case No. 233 of 2009 pending before the Chief Judicial Magistrate, Madhubani in relation to offences under Sections 302, 307, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act. On behalf of the petitioners, it is submitted that for the death of complainant’s husband first an F.I.R. was lodged on 31.12.2008 alleging that when the deceased was traveling on motorcycle with the informant, one Md. Kadir came on a motorcycle along with others and on point blank range shot dead the deceased. Three persons were named - 2 - in the F.I.R. Police investigated the matter and found that the informant himself was the person who conspirated the whole thing, having hired criminals to do the job. The informant was taken into custody and charge-sheeted. Against others final form having not submitted, they did not sent up for trial. Thereafter on 18.02.2009 for the same very occurrence the present case was lodged by the wife of the deceased who admittedly was not anywhere inside. Even the witnesses cited by her had not seen the occurrence but had observed certain movements and conversation. In this, apart from three persons named in the F.I.R. five other persons have been named. On behalf of the petitioners, it is submitted that the entire complaint is based on hearsay. The First Information Report was by a person who was along with the deceased. Police investigated and found the involvement of others false. They made out a case against the informant. While that matter was pending the present complaint has been lodged which the Magistrate in ordinary course ought to have stayed but the learned Magistrate did not proceed. A complaint in this regards is lodged almost two months after the F.I.R. and falsely implicates various persons. Petitioners of the first application i.e. Cr. Misc. No. 22365 of 2009 are not named in the F.I.R. nor were investigated by the Police. - 3 - Petitioners in Cr. Misc. No. 25306 of 2009 are the persons driving motorcycle and sitting on the motorcycle. In both the complaint and the F.I.R. shooting is attributed to one Md. Kadir who has already been granted bail by this Court in Cr. Misc. No. 19110 of 2009 by order dated 02.06.2009. In the facts and circumstances stated above, let the petitioners namely 1. Md. Noor Hasan 2. Md. Hashim 3. Md. Jaan 4. Md. Rauf @ Abdul Rauf 5. Md. Kamare Alam 6. Manikant Jha 7. Md. Kari, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on Anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhubani in connection with Complaint Case No. 233 of 2009 (T.R. No. 794 of 2009) subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Shageer (Navaniti Prasad Singh, J)