Sheikh Mustaque v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26049 of 2016 Arising Out of PS.Case No. -56 Year- 2016 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Sheikh Mustaque son of Late Ishu Mian, resident of village- Jaukatiya, P.S.- Majhaulia, District- West Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-08-2016 Heard learned counsel for the petitioner, the informant and the State.
The petitioner is in custody in a case registered under Sections 376, 312, 420, 467, 468 and 471 of the Indian Penal Code.
The prosecution story, in brief, is that the informant is blind from both the eyes by birth. His sister and her husband (petitioner) had been living with her and on pretext of marrying her and also on assurance that the petitioner and her sister would be taking proper care of her, the petitioner had been establishing physical relationship with her for about 40 years. About 6-7 years ago the petitioner and her sister took her to registry office to get 7 katha of land given by her father for her maintenance after her death the property would go to the petitioner and her sister. Thereafter she was ousted from her own house. Subsequently she came to know from registry office that the land was, in fact,
Patna High Court Cr.Misc. No.26049 of 2016 (3) dt.23-08-2016 2/2 transferred through registered sale deed.
It is submitted on behalf of the petitioner that the petitioner is in custody since 05.05.2016.The petitioner has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering with the evidence alleged against the petitioner. The petitioner is 70 years old man. The informant is the sister-in-law aged about 65 years. She is blind. As she being handicapped for last 40 years, she has been staying with her sister and the petitioner in the same house. The sale in respect to the land, in question, has taken place 6 to 7 years prior to institution of the present case.
On behalf of the State and the informant it is submitted that the petitioner is named in the FIR.
Considering the aforesaid facts and circumstances of the case, let, 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 C.J.M., West Champaran at Bettiah in connection with Majhaulia P.S.Case No. 56 of 2016.
(Sudhir Singh, J) singh/- U T