Md. Zafir @ Md. Zakir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14017 of 2017 Arising Out of PS.Case No. -375 Year- 2016 Thana -MAHUA District- VAISHALI(HAJIPUR) ====================================================== Md. Zafir @ Md. Zakir, Son of Late Isha Mian, Resident of Village Sharma P.S. Mahua, District Vaishali (Hajipur) (as per FIR) But Original Resident of Village Jirwara, P.S. Mahua District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lovekush Kumar For the Opposite Party/s : Mr. Sri Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-03-2017 Heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in Mahua P.S. Case No. 375 of 2016 instituted for the offence under Section (s) 302, 201, 34 of the Indian Penal Code.

There is allegation in the written report that son of the informant went to the house of Md. Mumtaz after receiving a telephone call but he did not return. The informant learnt that his son had love affair with the daughter of Md. Mumtaz namely Danish. The informant went to the house of Md. Mumtaz after three days and enquired about his son, then Md. Mumtaz, his wife

Patna High Court Cr.Misc. No.14017 of 2017 (2) dt.27-03-2017 2/3 and daughter abused him and did not reply. The informant, thereafter received information on 22.12.2016 that dead body of his son had been thrown at a Chewar which is at a distance of about 500 yard from the house of Md. Mumtaz. In the written report, the informant has alleged that petitioner along with Md. Mumtaz and others have killed his son.

Learned Sessions Judge has mentioned about para 51 and 52 of the case diary wherein witnesses Manju Devi and Ram Prit Das have stated that there was love affair between the son of the informant and daughter of Md. Mumtaz. In this manner, from the impugned order and as per written report, it appears that there is no allegation of specific overt act against this petitioner.

It has been mentioned in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstances of the case, the prayer of the petitioner for anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, above named, within six weeks from today in connection with Mahua P.S. Case No. 375 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court Cr.Misc. No.14017 of 2017 (2) dt.27-03-2017 3/3 Magistrate, Vaishali at Hajipur , subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(Sanjay Priya, J) Shageer/- U T