Md. Ahsan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40472 of 2016 Arising Out of PS.Case No. -16 Year- 2016 Thana -KHANPUR District- SAMASTIPUR ======================================================
1. Md. Ahsan Son of Md. Usman, resident of Village- Khainsa, Police Station- Jamalpur, District- Darbhanga.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Zainul Abedin For the Opposite Party/s : Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-09-2016 Heard learned counsels for the petitioner and the State. The petitioner being husband of the informant is languishing in custody since 2.3.2016 in a case registered under Sections 341,323,307, 498A and 504/34 of the Indian Penal Code. The basic accusation is of torture. It is alleged that on 1.2.2016 at 11.30 P.M. the elder brother of the petitioner Md. Gufran entered into the house and assaulted with knife to the informant.
It is submitted by the learned counsel for the petitioner that the injury has been found to be simple though specific accusation of assault is against the elder brother of the petitioner. More over, the investigation has already concluded. Considering the fact that specific accusation of
Patna High Court Cr.Misc. No.40472 of 2016 (2) dt.21-09-2016 2/2 assault is against the elder brother of the petitioner, 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 learned Sessions Judge, Samastipur in connection with Khanpur P.S. Case No. 16 of 2016. The bail bonds of the petitioner will be accepted on filing of an affidavit by the petitioner before the learned court below that he will regularly cooperate in the investigation. The said affidavit will be transmitted by the learned court below to the concerned I.O. Non cooperation in the investigation will give liberty to the prosecution to file application before the learned court below to cancel bail bonds of the petitioner. (Dinesh Kumar Singh, J) Anil/- U T