Bano Mistry v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6430 of 2017 Arising Out of PS.Case No. -181 Year- 2015 Thana -SIKANDARA District- JAMUI ====================================================== Bano Mistry, Son of Late Bindeshwari Mistry, resident of VillageKurhadih, P.S.- Sikandra, District- Jamui. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Mrityunjay Kumar, Advocate. For the Opposite Party : Mr. Matloob Rab, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-02-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 19.02.2016 in connection with Sikandra P.S. Case No. 181 of 2015 for the offences instituted under Sections 302/34 of the IPC. The prosecution story, in brief, is that the petitioner and others committed murder of the father-in-law of the informant by drowning him in deep water.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.02.2016 and the charge sheet has been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. General and omnibus allegation has been made for committing murder of

Patna High Court Cr.Misc. No.6430 of 2017 (3) dt.28-02-2017 2/2 the father-in-law of the informant by drowning him in deep water but from perusal of the postmortem report, it is evident that the death was caused due to head injury caused by hard and blunt substance. The other co-accused has been granted bail by another co-ordinate Bench of this Court vide Cr. Misc. No.36861 of 2016. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned A.C.J.M., 2nd, Jamui, in connection with Sikandra P.S. Case No. 181 of 2015. U.K./- (Sudhir Singh, J) U T