Patna High CourtCR. MISC./15098/2015bail granted

Abujar Haque And ORS v. The State Of Bihar

2015-06-30Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.15098 of 2015 (3) dt.30-06-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15098 of 2015 Arising Out of PS.Case No. -130 Year- 2014 Thana -THAKURGANJ District- KISANGANJ ======================================================

1. Abujar Haque Son of Taimur Haque

2. Jiyaul Haque Son of Taimur Haque

3. Samir Haque @ Samiruddin Son of Taimur Haque

4. Taimur Haque Son of Late Abdul Khalik All resident of village Pabna, P.S. Pwakhali, District - Kishanganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Subash Chandra Mishra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 30-06-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Thakurganj P.S. Case No. 130 of 2014 registered for the offences punishable under Sections 302, 364, 365, 201, 120 B of the Indian Penal Code.

In course of investigation, the statement of one Sumitra Devi was recorded at para 22 of the case diary and the aforesaid witness specifically stated that deceased fell ill but even after treatment deceased died on 07.01.2014. The aforesaid witness also stated that information regarding the death of the

Patna High Court Cr.Misc. No.15098 of 2015 (3) dt.30-06-2015 deceased was given to his family members and after getting the information, the mother and brother in law of the deceased attended the cremation of the deceased.

It would appear that the present case was lodged after three months of death of the deceased.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Kishanganj in Thakurganj P.S. Case No. 130 of 2014 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T