IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19861 of 2008 HAMID NUT & ORS Versus THE STATE OF BIHAR ----------- 4. 17.09.2008 Heard the learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in connection with Mahua P.S. Case No.153 of 2007 for the alleged offences registered under sections 302/120B of the Indian Penal Code. The allegation against the petitioners are to the effect that the son of the informant was taken away on the pretext that he would be provided job in Delhi and later on, it is alleged that he was found dead. Learned counsel for the petitioner submits that allegations are vague and no material has come against these petitioners. It is further submitted that the complainant/informant prior to the filing of the present case had earlier filed a complaint in the court of Chief Judicial Magistrate, Muzaffarpur vide Complaint Case No. 1894 of 2007 (Annexure-2) alleging similar offence and in the said case the complainant later on filed an application stating therein to the effect that his son died on account of natural death. It is further submitted that petitioners have been falsely implicated in this case. As a matter of fact, petitioner no.1, Hamid Nut has given certain money to the son of the informant and on account of making the demand, false case has been lodged. Learned counsel for the State submits that the witnesses - 2 - have supported the prosecution case specifically about the complicity of the petitioner no.1 Hamid Nut and petitioner no.3 Mustak Nut. Learned counsel for the petitioner further submits that those witness have no personal knowledge and they have merely stated on hearsay. Considering the submissions, as noticed above, it is directed that the petitioners namely, Nazbul Khatoon, Rubi Khatoon, Md. Hasssnayan Nut, Allauddin Nut and Shaukat Nut in the event of his arrest or surrender in connection with Mahua P.S. Case No.153 of 2007, within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. Considering the allegation and submission of the parties, I am not inclined to grant bail to Petitioner no.1, Hamid Nut and petitioner no. 3, Mustak Nut. Accordingly, their prayer for anticipatory bail is rejected. Jagdish/- (Shailesh Kumar Sinha,J)