Md. Sakir v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42608 of 2024 Arising Out of PS. Case No.-182 Year-2023 Thana- CHHATAPUR District- Supaul ====================================================== Md. Sakir Son Of Nasruddin Village- Rampur, Ward No. 06, P.S.- Chhatapur, Distt.- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 42687 of 2024 Arising Out of PS. Case No.-182 Year-2023 Thana- CHHATAPUR District- Supaul ====================================================== 1.
Md. Kurban @ Kurban Mansoori Son Of Kalap Hussain Village- Rampur, Ward No. 06, P.S.- Chhatapur, Distt.- Supaul 2.
Md. Sakim Son Of Allauddin Village- Rampur, Ward No. 06, P.S.- Chhatapur, Distt.- Supaul ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 42608 of 2024) For the Petitioner/s :
Mr.Arun .
For the Opposite Party/s :
Mr.Umesh Lal Verma (In CRIMINAL MISCELLANEOUS No. 42687 of 2024) For the Petitioner/s :
Mr.Arun .
For the Opposite Party/s :
Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-06-2024 Heard learned counsel for the petitioners and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Chhatapur P.S. Case no. 182 of 2023 instituted for the
Patna High Court CR. MISC. No.42608 of 2024(2) dt.25-06-2024 2/3 offence under Sections 147, 148, 149, 341, 342, 323, 307, 364, 302, 201, 120B and 379 of the Indian Penal Code. Allegation against the petitioners along with other coaccused persons is of killing the son of the informant. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. Nothing specific allegation has been levelled against the petitioners rather the specific allegation of pressing the testicles of the deceased is against co-accused Md. Farooq and co-accused Md. Parvez who hanged the deceased. As per postmortem report, it appears that the death is caused by asphyxia due to strangulation. Nothing consistent material has come against the petitioners. A statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent. Other co-accused persons have already been granted bail by this Court vide order dated 03.04.2024 in Cr. Misc. No. 85196 of 2023.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest
Patna High Court CR. MISC. No.42608 of 2024(2) dt.25-06-2024 3/3 or surrender in connection with Chhatapur P.S. Case no. 182 of 2023, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-V, Supaul subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) Shubham/- U T