Serajul Haque v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3808 of 2018 Arising Out of PS.Case No. -168 Year- 2017 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Serajul Haque, S/o Mobarak Mian, R/o Village- Madhopur Taksari, P.S.- Madhuban, District- Fast Champaran.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Abhishek Kumar @ Sonu Babu. For the Opposite Party/s : Md. Fahimuddin, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-03-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Madhuban P.S. Case No. 168 of 2017, G.R. Case No. 4005 of 2017 instituted for the offence under Sections 302 and 120B/34 of the Indian Penal Code.
It is alleged in the written report that petitioner who is husband of the deceased called her on telephone at 1:00 p.m. at Chakia where he was waiting for her. Thereafter, the daughter of the informant (since deceased) went there. It is alleged that at about 9:30 p.m. the informant's son-in-law gave information through phone that someone has killed his daughter and threw her dead body near Bichadhariya Man. Thereafter the informant and his wife learnt that his daughter Saleha Khatoon has been
Patna High Court Cr.Misc. No.3808 of 2018 (3) dt.19-03-2018 2/3 murdered.
The informant has raised suspicion in the written report that petitioner along with other co-accused persons have committed murder of the deceased.
Learned counsel for the petitioner has submitted that besides suspicion there is no any allegation of specific overt act against this petitioner.
Case diary has been received.
Learned A.P.P. has after perusal of case diary submitted that besides suspicion there is no allegation of any specific overt act against this petitioner.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Madhuban P.S. Case No. 168 of 107, G.R. Case No. 4005 of 2017, 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 Additional Chief Judicial Magistrate, East Champaran at Motihari, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property
Patna High Court Cr.Misc. No.3808 of 2018 (3) dt.19-03-2018 3/3 within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.Ali/- U T