Akhtari Begum And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15468 of 2018 Arising Out of PS.Case No. -93 Year- 2017 Thana -KATRA District- MUZAFFARPUR ======================================================
1. Akhtari Begum, w/o Ujale Kuraisi,
2. Mina Kuraisi, d/o Subian Kuraisi @ Suleman Kuraisi @ Sufyan Kuraisi @ Shivjan Kuraisi,
3. Subian Kuraisi @ Suleman Kuraisi @ Sufyan Kuraisi @ Shivjan Kuraisi, s/o Late Ynunus Kuraisi,
4. Lal Kuraisi, s/o Suleman Kuraisi @ Subian Kuraisi @ Sufyan Kuriasi @ Shivjan Kuraisi, all r/o village- Nayatola Bandhpura, P.S.- Katra, District- Muzffarpur, Bihar.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prabhat Kumar Singh, Advocate For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP Mr. Anish Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 03-07-2018 Heard learned counsel for the petitioners and learned APP for the State as well as counsel for the Informant. Petitioners apprehend their arrest in Katra P.S. Case No.93 of 2017 instituted for the offence under Section(s) 147, 148, 149, 323, 302 Indian Penal Code.
It is alleged in the written report that these petitioners along with 30 other named persons and 10 unknown persons assaulted the father of the informant with lathi and Danda on account of which he died on the spot. Counsel for the petitioners submits that in the post
Patna High Court Cr.Misc. No.15468 of 2018 (3) dt.03-07-2018 2/3 mortem report Doctor has not found any ante mortem injury on the person of the deceased.
Case diary was called for, which has been received. Post mortem report is available in the case diary, wherein, Doctor has not found any ante mortem injury either externally or internally. Various visceras have been preserved. The Doctor has mentioned in the post mortem report that in his opinion deceased died due to disease of lungs. However, final opinion will be given after report of Histo-Pathological examination. In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Katra P.S. Case No.93 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.
10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, 14-cum- Sub Judge-15, Muzaffarpur, subject to the conditions as laid down under Section 438(2) Cr. P. C.
Patna High Court Cr.Misc. No.15468 of 2018 (3) dt.03-07-2018 3/3 absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bonds and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) JA/- U T