IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2091 of 2009 MD.KHAWAJA NOOR @ TUNNU MIAN S/O-Late Abdul Aziz, R/O-Vill-Qazipur Thathan, P.S.-Sadar Hajipur, Distt.-Vaishali. Versus STATE OF BIHAR WITH Cr.Misc. No.5068 of 2009 MUNNA KUMAR MAHTO @ MUNNA MAHTO S/O-Bindeshwar Mahto, R/O-Vill-Kajipur Thathan, P.S.-Hajipur Sadar, Distt.-Vaishali. Versus STATE OF BIHAR WITH Cr.Misc. No.5782 of 2009 HADISH S/O-Md. Samsuddin, R/O-Vill-Kajipur Thathan, P.S.-Hajipur Sadar, Distt.-Vaishali. …………………………………………..Petitioners. Versus STATE OF BIHAR ……………………………………..Opposite Party. ----------- 2/ 26.02.2009 Since all the above three bail applications have arisen out of one occurrence i.e. Hajipur Sadar P.S. Case No. 303 of 2004, they have been heard together and are being disposed of by this common order. The case has been registered under Sections 364, 120B/34 of the Indian Penal Code. Earlier the case was initiated on the basis of a Complaint which was referred to police and the First Information Report has been registered. Later on Section 376 of the Indian Penal Code was added. The informant has alleged in her complaint petition that the accused Khawaja Noor @ Tunnu Mian came to her house and threatened. Uma Devi was taken away so that she was compelled to compromise the matter which was pending before the Court. - 2 - Submission is that the enmity is mentioned in the First Information Report itself. Informant’s son Mahesh Mahto was accused and he was sent to custody. No kidnapping was done, no offence under Section 364 or 120B of the Indian Penal Code is made. The petitioners are of fair antecedent and there is no explanation as to why the occurrence was reported after such a delay. The case was supervised by the S.P., Vaishali who found it to be a false case and directed the I.O. to submit final form. The allegation during investigation against these petitioners and Tinku was found to be identical. Tinku has already been enlarged on bail on 23.05.2008 vide Cr. Misc. No. 15410 of 2008. Considering the facts and circumstances of the case, the petitioners Md. Khawaja Noor @ Tunnu Mian (in Cr. Misc. No. 2091 of 2009), Munna Kumar Mahto (in Cr. Misc. No. 5068 of 2009) & Hadish (in Cr. Misc. No. 5782 of 2009) are ordered to 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, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 303 of 2004. kksinha/ (Shyam Kishore Sharma, J.)