IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32745 of 2008 ---- 1. Ramzani Mian @ Ramzani Miyan 2. Sabzani @ Sabzani Mian both sons of Late Suleman Mian 3. Zafar @ Kalia Mian son of Sabzani Miyan 4. Nooresa Khatoon @ Domni wife of Ramzani Mian 5. Bibi Saiboon wife of Sabzani Miyan 6. Md. Zawed Mian son of Sabzani Miyan All resident of village- Pothia, P.S.- Simraha, District- Araria Versus The State of Bihar ----------- 3 01.10.2008 Petitioner no.1 namely, Ramzani Mian @ Ramzani Miyan was already arrested during the pendency of this application, and as such, this application was dismissed as infructuous as against him as per the order dated 05.09.2008. Heard learned counsels for the petitioners and the State. Petitioners are accused for the offence under section307, 380 of the Indian Penal Code and section 33 of the Indian Forest Act. The allegation is that these petitioners came over the land of the informant and cut the tree and took away the same and while doing so on the orders of the co- accused Ramjani Mian, the co-accused Md. Kamil assaulted the informant. It has been submitted on behalf of the petitioner that there is no specific allegation against these - 2 - petitioners of the alleged crime. It is further submitted that the alleged occurrence is of 07.11.2007 whereas the complaint was filed on 22.02.2008 which is in retaliation of an earlier case lodged by the petitioner no.4 namely, Nooresa Khatoon @ Domni vide Annexure-2 to the petition. It is further contended that the co-accused Kamil Mian was arrested and later was enlarged on bail. Having considered the submissions, as noticed above, and in the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of six weeks from today, the petitioners, namely, Sabzani @ Sabzani Mian, Zafar @ Kalia Mian, Nooresa Khatoon @ Domni, Bibi Saiboon & Md. Zawed Mian be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria, in connection with Forbesganj (Simraha) P.S.Case No. 110 of 2008 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)