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2019 DIGILAW 1606 (JHR)

Khadra @ Rafique v. State Of Jharkhand

2019-09-13

ANUBHA RAWAT CHOUDHARY

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JUDGMENT Anubha Rawat Choudhary, J. - Heard Mrs. Gouri Debi, counsel appearing on behalf of the petitioners. 2. The relief prayed for by the petitioners in the instant application is for modification of order dated 08.07.2019 passed in B.A. No. 3604 of 2019 by deleting the condition of bail that one of the bailors should be government servant. The bail order was passed in connection with Giridih (T) P.S. Case No. 163 of 2018 corresponding to G.R. No. 2115 of 2018. 3. Counsel for the petitioners submits that vide order dated 8.07.2019 passed in B.A. No. 3604 of 2019 bail was granted to the petitioners with condition that one of the bailors should be the government servant. She submits that in spite of best of efforts, the petitioners could not arrange a government servant as one of the bailor. Accordingly, she has filed this petition for modification of the said condition of bail. She further submits that she has filed supplementary affidavit in this case stating that full brother of the petitioner no. 1 namely Mahiruddin Miyan and full brother of the petitioner no. 2 namely Nawab Ansari have agreed to be one of the bailors of the petitioner nos. 1 and 2 respectively. Accordingly, she submits that condition of bail may be modified. 4. Counsel for the State has no serious objection to the submission made by the petitioners regarding modification of bail. 5. Considering the facts and circumstances of this case and the submissions made on behalf of counsel for the parties, condition of bail in the order dated 08.07.2019 passed in B.A. No. 3604 of 2019 is hereby modified to the extent that one of the bailors for petitioner no. 1 and 2 should be full brothers of the petitioner nos. 1 and 2 respectively on furnishing bail bond of Rs. 50,000/-. 6. Let this order be communicated to the court concerned through FAX.