Md. Jabul @ Md. Jiyaul Haque v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51241 of 2016 Arising Out of PS.Case No. -2736 Year- 2015 Thana -COMPLAINT CASE District- ARRARIA ====================================================== Md. Jabul @ Md. Jiyaul Haque S/o Late Md. Serajul Resident of VillageSisona P.S. Jokihat, District-Araria .... .... Petitioner

Versus

1. The State of Bihar

2. Md. Akbar S/o Late Jabbal Resident of Village-Matiyari P.S. Jokihat, District Araria .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-12-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Complaint Case No. 2736C of 2015 for the offences instituted under Sections 307 and 440 of the Indian Penal Code. The prosecution case, in brief, is that on the date of alleged occurrence, the accused took the son of the informant for electric work but due to electric current, he sustained injury and he became unconscious. Thereafter he was brought to Sadar Hospital from where he was referred to Medical College, Katihar and his arm was removed.

It has been submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.51241 of 2016 (2) dt.05-12-2016 2/2 petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. He has falsely been implicated in the present case. A complaint case was filed on 24.09.2015 in respect to the occurrence took place on 29.06.2015. The delay in lodging of the complaint case has not been explained by the prosecution. There is no injury report to support the allegation made in the complaint case. On behalf of the State, it has been submitted that the petitioner is named in the Complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Complaint Case No. 2736C of 2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Araria, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J.) Amit/- U T