Sk. Mubarak v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1676 of 2019 Arising Out of PS. Case No.-1718 Year-2012 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Sk. Mubarak, son of Late Sk. Samsul, resident of village- Mahuawa, Vishunpurwa, P.S.- Shikarpur, District- West Champaran. ... ... Petitioner/s
Versus
1. The State of Bihar
2. Mosmat Rita Devi, wife of Late Bindeshwari Yadav, resident of villageMahuawa Bishunpurwa, P.S.- Shikarpur, District- West Champaran. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Chaubey Jawahar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 18-01-2019 Heard learned counsel for the applicant and the learned A.P.P.
The petitioner seeks bail in connection with Pr otestcum- Complaint Case No.1718c/2012, instituted for the offences under Sections 302, 201/34 of the Indian Penal Code. The contention raised on behalf of the applicant is that the name of the applicant has been mentioned in the column of the accused but after a final report had been submitted by the police, the case proceeded further after a protest petition was filed by the informant. A copy of the protest petition had been filed on record. The said protest petition does not indicate the name of the applicant in the contents thereof and no specific
Patna High Court Cr.Misc. No.1676 of 2019(2) dt.18-01-2019 2/2 role has been assigned to the petitioner. The implication of the applicant, therefore, appears to be on mere suspicion and, therefore, his case stands on a different footing from that of Harilal and others.
Keeping in view the aforesaid distinguishing feature, let the petitioner above named 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 J.M-Ist Class, Bettiah, West Champaran in connection with Protest-cum- Complaint Case No. 1718c/2012.
(Amreshwar Pratap Sahi, CJ) K.C.Jha/Nasimul U T