Md. Zahid @ Zahid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15427 of 2015 Arising Out of PS.Case No. -84 Year- 2014 Thana -JOKIHAT District- ARRARIA ======================================================

1. Md. Zahid @ Zahid S/o Master Mojib, Resident of Village- Zamra, P.sJalalgarh, District- Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjaya Nath Tiwari For the Opposite Party/s : Mr. Sanjay Kr. Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-06-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Mahalgaon(Jokihat)P.S. Case No. 84 of 2014 for the offences punishable under sections 341, 342, 323, 302, 120B of the Indian Penal Code.

It is alleged by the informant in her fardbayan that her husband was the Head Maulvi of the Madarsa and used to attend Madarsa daily from his house. On 1-4-14 he returned to his house at 4 P.M. and after taking meal in night he slept in one room and she with her children slept in another room. In the midnight, at about 12.45 A.M. her daughter Iffat woke her up and then she came out of the courtyard along with her children where they saw 6-7 persons. Out of them, three were armed with gadasa, dabiya and danda, and they started assaulting her and her children and

Patna High Court Cr.Misc. No.15427 of 2015 (2) dt.08-06-2015 2 / 2 took them in a room and locked the room from outside. On alarm, the neighbours came and freed them by unlocking the room. It has been further alleged that she along her daughter and son had gone to the room of her husband, where she found the dead body of her husband on the floor. His neck was found to be cut from backside. It is alleged that those 6-7 persons who had come to the house had committed murder of her husband by sharp cutting weapons. It has been submitted that the petitioner is not named in the F.I.R. nor he has got any criminal antecedent. Further, it has been submitted that the petitioner's name has figured in course of investigation when the third statement of the informant was recorded. It has been further submitted that there is no eye-witness to the occurrence.

It further appears from the impugned order that the petitioner is in custody since 21-2-2015.

On behalf of the State it has been submitted that the name of the petitioner has appeared in course of investigation. Considering the facts and circumstances of the case, let the petitioner Md. Zahid @ Zahid be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria, in connection with Mahalgaon(Jokihat)P.S. Case No. 84 of 2014.

BK.Roy/- (Sudhir Singh, J) U T