Patna High CourtCR. MISC./47544/2014bail granted

Sajjad @ Gaida And ANR v. The State Of Bihar

2015-04-03Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47544 of 2014 Arising Out of PS.Case No. -277 Year- 2014 Thana -JOKIHAT District- ARRARIA ======================================================

1. Sajjad @ Gaida son of Tasluddin

2. Furgun @ Rubi daughter of Sajjad @ Gaida Both resident of VillageSiswa, Police Station- Jokihat, District- Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Naushad Uzzoha, Advocate. For the Opposite Party/s : Mr. Suresh Pd. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-04-2015 Heard both sides.

The petitioners seek bail in Jokihat P.S. Case No. 277 of 2014, registered for the offences punishable under Section 302 and other Sections of the Indian Penal Code.

The chowkidar lodged the case against unknown after recovery of dead body of a male on 17.08.2014. The petitioners are father-in-law and wife of the deceased.

Learned counsel for the petitioners submits that the investigating officer apprehended Sajjad @ Gaida who is said to have confessed his guilt before the police, but the police did not collect any further evidence except the confessional statement of Md. Sajjad @ Gaida, the father-in-law of the deceased and his wife. There is no eye witness of the occurrence. It is further

Patna High Court Cr.Misc. No.47544 of 2014 (4) dt.03-04-2015 2/2 submitted that the petitioner Md. Sajjad @ Gaida confessed that he strangulated his son-in-law to death and the post-mortem report also suggests that the death was on account of strangulation. It appears that the confessional statement was obtained after the post-mortem was done. The confessional statement before the police has got no evidentiary value. Considering the facts and circumstances of the case, the petitioners above named are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Jokihat P.S. Case No. 277 of 2014.

(Prabhat Kumar Jha, J.) KKSINHA/- U T