Md. Taslimuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32867 of 2015 Arising Out of PS.Case No. -113 Year- 2014 Thana -THAKURGANJ District- KISANGANJ ====================================================== Md. Taslimuddin Son of Late Kalu Mohmad, resident of village - Nuniya Tola Bhigdawar, P.s. - Pathamari, District -Kishanganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Diwakar Sinha For the Opposite Party/s : Mr. Rana Randhir Singh (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 30-11-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in Thakurganj P.S. Case No.113 of 2014 for the offences under Sections 302, 201 and 120(B) of the I.P.C.

Learned counsel for the petitioner submits that the present case lodged by this petitioner is purely out of personal vendetta by the son of the petitioner and there was no occasion for the petitioner for having indulged in such offence. He further submits that the occurrence of this case was of suicide for which the petitioner himself had registered a case of unnatural death vide U.D.Case No.1 of 2014 on 27.1.2014 itself. He further submits that all along in the case diary it has come on the record that the

Patna High Court Cr.Misc. No.32867 of 2015 (4) dt.30-11-2015 2/2 victim lady had committed suicide on account of the fact that she was disagreeing on the point of allocation of the land. She also testified as such. The present F.I.R. has been lodged as a complaint case by one of the other sons only to take vengeance from the petitioner after a lapse of two months. Learned counsel for the State after perusal of the case diary submits that even independent witnesses have stated that it was a case of unnatural death in which lady had committed suicide.

Considering the facts and circumstances of the case and nature of allegation made which stands contradicted by the different persons in the case diary, let the petitioner, above named, in the event of his arrest or surrender before the court below within four weeks from today be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the C.J.M., Kishanganj, in Thakurganj P.S. Case No.113/14 subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(Anjana Mishra, J) AnilKrSinha/- U T