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Patna High CourtCR. MISC./22279/2015disposed

Ziaur @ Zabul v. The State Of Bihar

2015-05-21Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22279 of 2015 Arising Out of PS.Case No. -42 Year- 2014 Thana -TEDHAGACHH District- KISANGANJ ======================================================

1. Ziaur @ Zabul Son of Late Matiful, resident of village- Fulwaria, P.S. Terhagachh, District- Kishanganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar For the Opposite Party/s : Mr. L.K.Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-05-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under sections 341,323,504 and 302/34 of the Indian Penal Code.

In the background of fight between children of both sides, the petitioner is alleged to have assaulted with lathi to the son of the informant namely Sabir. Other accused persons also assaulted the son of the informant. Subsequently, Sabir went to his house and thereafter he died.

It is submitted by the learned counsel for the petitioners that the postmortem report reflects the cause of death as asphyxia due to strangulation which is in consonance with the accusation levelled in the FIR. Statement has been made in paragraph 3 of the

Patna High Court Cr.Misc. No.22279 of 2015 (2) dt.21-05-2015 2/2 petition that the petitioner has no criminal antecedent. The aforesaid facts constitute grounds for consideration of the prayer for regular bail of the petitioner by the learned court below in case the petitioner surrenders within six weeks from today in connection with Terhagachh P.S. Case No. 42 of 2014 pending in the court of learned ACJM, Kishanganj.

This application is disposed of with the aforesaid observation/direction.

(Dinesh Kumar Singh, J) Anil/- U T