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Patna High CourtCR. MISC./40715/2015dismissed

Jhunu @ Toshiph Raja v. The State Of Bihar

2015-11-09Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40715 of 2015 Arising Out of PS.Case No. -34 Year- 2015 Thana -BHAWANIPUR District- PURNIA ======================================================

1. Jhunu @ Toshiph Raja son of Md. Imtiyaz resident of Village - Maugra, Police Station - Bhawanipur, District - Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Manoj Kumar, Adv. For the Opposite Party/s : Mr. Umeshanand Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-11-2015 Heard both sides.

The petitioner apprehends his arrest in Bhawanipur P.S. Case No. 34/2015, registered for the offences punishable under Section 302 and120B of the Indian Penal Code. The father of the deceased alleged that Md. Imtiaz kidnapped Shaheen Parween and solemnized marriage with her. The case of kidnapping was lodged. The first wife of Md. Imtiaz also lodged a case against Md. Imtiaz and Shaheen Parween the daughter of the informant, thereafter, Shaheen Parween started living with her husband and other family members. It is alleged that Md Imtiaz and other family members strangulated his daughter to death.

It is submitted that Md. Imtiaz and others have already

Patna High Court Cr.Misc. No.40715 of 2015 (3) dt.09-11-2015 2/2 been granted regular bail. Askari Khatoon is the first wife of Md. Imtiaz has also been granted anticipatory bail. Anticipatory bail petition of Perwez Alam brother of Md. Imtiaz was rejected. It is submitted that petitioner is the step son of the deceased and he has no concern with the family affairs. Taking into consideration of the fact that the informant made specific allegation that Imtiaz Ali and his son from the first wife and other family members including the first wife strangulated and smothered his daughter to death and the fact that the anticipatory bail petition of the similarly situated co-accused Perwez Alam has already been rejected vide order passed in Cr. Misc. No. Cr. Misc. No. 27313/2015, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

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