Patna High CourtCR. MISC./15612/2015bail granted

Dilip Mian v. The State Of Bihar

2015-05-20Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15612 of 2015 Arising Out of PS.Case No. -19 Year- 2004 Thana -LAXMIPUR District- JAMUI ====================================================== Dilip Mian Son of Sattar Mian Resident of Village- Gidhaur, P.s Laxmipur(Gidhaur), District- Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prakash Kumar For the Opposite Party/s : Mr. Ajay Kumar No.1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 20-05-2015 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 23.10.2014 in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

It is alleged that the petitioner and one Sattar Mian being the parental uncle, Nuresha Khatoon and Tuni Khatoon came, dragged the mother of the informant and assaulted her as a result she died on the spot.

It is submitted by learned counsel for the petitioner that the post-mortem report reflects no external or internal injury, the same has been brought on record as Annexure2, and consequently petitioners were not sent up for trial, but

Patna High Court Cr.Misc. No.15612 of 2015 (02) dt.20-05-2015 2/2 differing with the final form cognizance has been taken and coaccused Nuresha Khatoon has been granted bail vide Cr. Misc. No. 29611 of 2004. A statement has been made in para 3 of the petition that the petitioner has no criminal antecedent. Considering the aforesaid facts, let the above named petitioner, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge, Jamui in connection with Sessions Trial No. 270 of 2010 arising out of Laxmipur (Gidhaur) P.S. Case No. 19 of 2004. Since the petitioner failed to surrender for a petty long time and permanent warrant of arrest was issued, the learned court below will be at liberty to cancel the bail bonds of the petitioner, if he defaults for two consecutive occasions. (Dinesh Kumar Singh, J) DKS/- U T