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Patna High CourtCR. MISC./8367/2016bail granted

Akram v. The State Of Bihar

2016-02-26Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8367 of 2016 Arising Out of PS.Case No. -211 Year- 2011 Thana -JOKIHAT District- ARRARIA ======================================================

1. Akram son of Islam, resident of Village- Malopara, Police Station- Rauta, District- Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Abhay Kr. Roy(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 26-02-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is named in the first information report and it is alleged that some quarrel had taken place between the deceased and his wife. Subsequently, petitioner and his other family members went to the house of deceased and took away his wife giving threatening to the deceased of dire consequences. Subsequently, deceased went to the house of the petitioner and other accused but his brother, who happens to be the informant in the present case, got information that the dead body of the deceased was found lying near river.

According to the prosecution case itself, the informant is not an eye witness of the alleged occurrence and the impugned

Patna High Court Cr.Misc. No.8367 of 2016 (2) dt.26-02-2016 2/2 order goes to show that in course of investigation, not a single witness claimed himself to be an eye witness of the alleged occurrence. Moreover, having more or less similar allegation, one co-accused Sataful @ Sateful has already been granted privilege of bail by a co-ordinate Bench of this Court. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in connection with Jokihat P.S.Case No. 211 of 2011.

(Hemant Kumar Srivastava, J) N.K/- U T