Patna High CourtCR. MISC./41462/2016bail granted

Md. Islam And ORS v. The State Of Bihar

2017-01-19Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41462 of 2016 Arising Out of PS.Case No. -169 Year- 2015 Thana -KHAJEKALLAN District- PATNA ======================================================

1. Md. Islam, Son of late Abdul Gabbar

2. Uma Khatoon, Wife of Md. Islam

3. Nikhat Parveen, Wife of late Manjar Hussain

4. Md. Nurul, son of Md. Islam

5. Md. Nazrul, son of Md. Islam

6. Md. Faizul, Son of Md. Islam, all residents of Village - Barkat Khan ka Akhara, Mogalpur, Patna City PS Khajekalan, District Panta .... Petitioners

Versus

1. The State of Bihar .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Arvind Kumar Mouar, Adv. For the Opposite Party : Mr. Umeshnand Pandit, APP 187 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-01-2017 Heard the learned counsel for the petitioners and the State.

This is a petition for grant of anticipatory bail for offence under Sections 302, 328 and 34 of the Indian Penal Code. When the informant got information and noticed the dead body of his brother, Manzar Husain, he lodged the first information report with allegation that petitioner, Nikhat Parveen, who was wife of the deceased was not pulling well with the deceased and she was living separately and in collusion with other petitioners she poisoned to death to the victim. The case diary would reveal that there is no eye witness to the occurrence. Forensic report, regarding cause of death, is still awaited. Only suspicion is there against the petitioners.

Considering the aforesaid fact, the petitioners, above named, in the event of their arrest or surrender, within four weeks from the date of receipt of this order, be released on anticipatory

Patna High Court Cr.Misc. No.41462 of 2016 (4) dt.19-01-2017 bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Khajekalan P.S. Case No. 169 of 2015 to the satisfaction of the Subdivisional Judicial Magistrate, Patna City, Patna, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

(Birendra Kumar, J) SA/- U √ T √