Hakimuddin @ Hakim @ Kalimuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34620 of 2015 Arising Out of PS.Case No. -5 Year- 2015 Thana -TEDHAGACHH District- KISANGANJ ====================================================== Hakimuddin @ Hakim @ Kalimuddin S/o Doma Resident of Village Shishagachhi, P.S. Terhagachh, District Kishangnj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sarangdhar Jha For the Opposite Party/s : Mr. Sharda Nand Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 25-08-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 302, 201 and 120B/34 of the Indian Penal Code.

It is alleged that the sister of the informant found hanging when suspicion was raised against the petitioner since the petitioner took some money from the victim and for return of the same there was some altercation between the victim

Patna High Court Cr.Misc. No.34620 of 2015 (2) dt.25-08-2015 2/3 and the petitioner prior to the occurrence.

It is submitted by learned counsel for the petitioner that only on suspicion the accusation has been levelled against the petitioner. The impugned order also does not suggest any material collected except that some altercation took place prior to the victim being found hanging.

A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Considering the circumstantial nature of accusation, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Kishanganj in connection with Terhagachh P.S. Case No. 05 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The bail bond of the petitioner shall be accepted by the learned court below on filing affidavit by the petitioner to the effect that he will regularly cooperate in the investigation. The said affidavit will be transmitted to the I.O. of the present case. The non-cooperation in investigation will give

Patna High Court Cr.Misc. No.34620 of 2015 (2) dt.25-08-2015 3/3 liberty to the learned court below to cancel the bail bonds of the petitioner.

(Dinesh Kumar Singh, J) DKS/- U T