Nashiruddin Miyan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21331 of 2017 Arising Out of PS.Case No. -10 Year- 2017 Thana -MAHILA PS District- GOPALGANJ ====================================================== Nashiruddin Miyan, son of Late Bhola Miyan, resident of village Devapur Aakilpur Tola, P.S. Manjhagarh, District Gopalganj. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mohammad Sufyan, Advocate For the Opposite Party/s : Mr. Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 21-06-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in custody since 26.02.2017 in connection with Gopalganj Mahila P.S. Case No. 10/2017 for offences punishable under Sections 341, 323, 376, 307/34 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that she was subjected to torture by the petitioner and other accused, who is also the brother-in-law of the informant. Motherin-law, sister-in-law conspired with the petitioner and other coaccused persons and they threw kerosene oil on her body and burnt her.
It has been submitted by the learned counsel for
Patna High Court Cr.Misc. No.21331 of 2017 (3) dt.21-06-2017 2/2 the petitioner that he is innocent, is dewar of the informant and due to petty dispute, out of anger, the informant has falsely implicated him and the family members. It is submitted that the First Information Report was lodged after inordinate delay and no plausible explanation has been given for the said delay. It is further submitted that a compromise has been reached between the parties as good sense prevailed between them and that chargesheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence. It has further been submitted that the injury report does not signify the burn injury dangerous or grievous.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances, and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj, in connection with Gopalganj Mahila P.S. Case No. 10/17.
(Nilu Agrawal, J) Rajesh/- U T