Md. Mustak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15753 of 2015 Arising Out of PS.Case No. -719 Year- 2014 Thana -KHAGARIA District- KHAGARIA ====================================================== Md. Mustak S/o Md. Israil @ Ijo Resident of Village Kutubpur, P.S. Muffasil, District Khagaria.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dharmendra Kumar Singh For the Opposite Party/s : Mr. Rita Verma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-07-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a cases registered under Sections 364, 379, 506, 302, 201/34 of the Indian Penal Code.

The prosecution story, in brief, is that for the occurrence dated 15.11.2014 at 7.30 P.M. the deceased Suman Kumar, son of the informant Susheela Devi proceeded on motor cycle from Vidyadhar to Ram Tola Kothiya but did not reach there. The informant tried to contact on mobile but in vain. It is also alleged that co accused Sikandar Sahni is a criminal and is on inimical term and his son along with his top associates had earlier threatened the informant to withdraw cases otherwise she would have to face dire consequences and also shown apprehension that

Patna High Court Cr.Misc. No.15753 of 2015 (3) dt.02-07-2015 2/2 they would have disappeared her son. The motorcycle is also missing.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. Further it has been submitted that the name of the petitioner has figured in course of investigation. Further it is submitted that there is no direct or indirect evidence against the petitioner regarding participation in commission of the offence under section 302 of the Indian Penal Code.

On behalf of the State it has been submitted that the petitioner is not named in the FIR and his name has come in course of investigation.

Considering the aforesaid facts, let the above named petitioner, in the event of his arrest or surrender in the court below within a period of four weeks, 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 learned C.J.M.,Khagaria in connection with Khagaria P.S.Case no. 719 of 2014 , subject to the conditions as laid down u/s 438(2) Cr.P.C. (Sudhir Singh, J) singh/- U T