Mir Nayeem @ Nayeem v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40165 of 2014 Arising Out of PS.Case No. -763 Year- 2013 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Mir Nayeem @ Nayeem son of Late Md. Sadik, resident of Village Mansha Tola, PS Bettiah Muffasil, District West Champaran .... .... Petitioner

Versus

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

For the Petitioner/s : Mr.Umesh Chandra Verma For the Opposite Party/s : Mr. Abhay Kumar 1, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 16-01-2015 This is an unfortunate case in which the sister of the informant had died and a case was registered under Section 498A, and 304B/34 of the Indian Penal Code against the petitioner, his son and some other. The son of the petitioner, i.e. husband of the deceased, was accused of causing death of his wife. However, the case of the petitioner has been separated on the ground that he was absconding. Later on, he was arrested and in jail since 2.7.2014. The petitioner filed BP No.945 of 2014 before Additional Sessions Judge III, West Champaran, Bettiah. The same was rejected on 3.9.2014. Hence, this application. Heard Mr. Umesh Chandra Verma, learned counsel for the petitioner and Mr. Abhay Kumar I, learned APP. The allegation against the petitioner and his son is

Patna High Court Cr.Misc. No.40165 of 2014 (2) dt.16-01-2015 2/2 almost same. The son of the petitioner has already been acquitted. Hence, this application is allowed. The petitioner shall be released on bail on furnishing bail bond of Rs.10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, West Champaran at Bettiah (L. Narasimha Reddy,CJ) mrl U T