Akhtar Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51140 of 2015 ====================================================== Akhtar Mian S/o Haroon Mian, resident of Village- Gurwalia Shiwala Tola, P.S. Manuapul, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Manoj Kumar 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-02-2016 Heard learned counsel for the petitioner learned counsel for the State and learned counsel for the informant. Petitioner is accused in connection with Bettiah Muffasil (Manuapul) P.S. Case No. 121 of 2015 registered under Section 302/34 of the I.P.C.

The prosecution case is that Imteyaz Ahmad, son of the Alim Ansari was called by this petitioner to entertain in the function of marriage ceremony on 08.03.2015 in the early night. Later on, the informant received informant to the effect that his son, Imteyaz Ahmad, was assaulted by petitioner and 4-6 persons named in the F.I.R. and 3-4 unknown then the informant reached there and saw causing assault to his son, while his son was rushed to the Hospital with the help of Police, but he died during the

Patna High Court Cr.Misc. No.51140 of 2015 (4) dt.09-02-2016 2/2 treatment.

Learned counsel appearing on behalf of the petitioner submits that in fact, on 08.03.2015 at about 10.30 p.m., Fatima Khatoon, grand-daughter of this petitioner, was alone at her house then Imteyaz, son of the informant, entered in the house and made attempt to commit rape. On raising alarm by her, villagers assembled there caught hold Imteyaz causing assault and handed over to the Police, regarding which a Complaint Case No. 526 of 2015 was instituted in the Court of C.J.M., Bettiah under sections 376, 511, 457, 323, 354B, 504 and 506 of the I.P.C. in which Police has also submitted the charge sheet. Further, submission is that co-accused Akbar Mian and Babun Mian have already been allowed bail by a Bench of this Court vide Cr. Misc. No. 38334 of 2015 on 07.10.2015.

Having considered the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., West Champaran, Bettiah in connection with Bettiah Muffasil (Manuapul) P.S. Case No. 121 of 2015.

(Rajendra Kumar Mishra, J) Shail/- U T