Bijli Khan And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38709 of 2015 Arising Out of PS.Case No. -219 Year- 2014 Thana -ARARIA District- ARRARIA ======================================================
1. Bijli Khan, son of Habib Khan,
2. Aadir Khan S/o Habib Khan, Both are resident of village- Bansar, P.S.- Palasi, Dist- Araria .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s : Mr. A.L. Pandit (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-09-2015 Heard learned counsel for the petitioners and the State.
Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.
The prosecution case is that on 24.05.2014 when the informant came home at 9.00 P.M. in the night, it was conveyed by the daughter-in-law Mehro Khatoon that the son of the informant Sainuddin Khan @ Garkhulla went in the company of accused persons, but he did not return. Subsequently, during search, police on the basis of photograph identified the dead body of son of the informant. It is submitted by the learned counsel for the petitioners that neither there is eye witness to the occurrence
Patna High Court Cr.Misc. No.38709 of 2015 (2) dt.30-09-2015 not any witness suggest that they saw the victim with the company of petitioner. Similarly situated co-accused persons have been granted regular bail vide Cr. Misc. No. 9868 of 2015. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent.
In that view of the matter, it is a case for consideration of regular bail, let the learned court below consider the prayer for regular bail of the petitioners, if the petitioners surrender before the learned court below within a period of six weeks from today in connection with Araria (Madanpur) P.S. Case No. 219 of 2014, pending in the court of learned Chief Judicial Magistrate, Araria.
With the above observation this application is disposed of.
(Dinesh Kumar Singh, J) P.K./- U T