Md. Taslim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.617 of 2016 Arising Out of PS.Case No. -142 Year- 2015 Thana -KASBA District- PURNIA ====================================================== Md. Taslim, son of Md. Ishrafil, Resident of Village- Simariya Garhbanili, P.S. Kasba, District Purnea .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ram Prawesh Kumar For the Opposite Party : Mr. Smt. Renuka Ratnakar(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-03-2016 Heard learned counsel for the petitioner and learned A.P.P representing the State.

The petitioner seeks bail in connection with S.T. Case No 458 of 2015 arising out of Kasba P.S. Case No. 142 of 2015 registered for the offences punishable under Sections 302/328/497/498/34 of the Indian Penal Code.

Allegedly, Gulsan Ara having four children was taken away by the petitioner and returned with a paper of Nikah, resulting there was panchayati and Gulsan Ara, the daughter of informant was handed over to the petitioner on 06.06.2015. On 07.06.2015, the daughter of the informant was found dead and petitioner told the informant that she consumed poison. The informant alleged that the petitioner killed her after administering poison. Submission is of false implication and that the paper

Patna High Court Cr.Misc. No.617 of 2016 (4) dt.10-03-2016 2/2 attached with F.I.R is an affidavit of Bibi Gulsan and there is no signature of the petitioner, the petitioner has been implicated falsely, there was no occasion to kill Gulsan Ara and during investigation it has come that petitioner tried his best to save her and as such the petitioner suffering in custody since 08.06.2015 deserves sympathetic consideration as there is nothing against the petitioner. Learned A.P.P. submits that the dead body was found in the hut of the petitioner.

In the facts and circumstances stated above, considering that the charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence, as such petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned 2nd Additional Sessions Judge, Purnea in connection with S.T. Case No. 458 of 2015 arising out of Kasba P.S. Case No. 142 of 2015, subject to conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J.) Rajiv/- U T