Babuddin Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5485 of 2021 Arising Out of PS. Case No.-169 Year-2020 Thana- SIDHWALIYA District- Gopalganj ====================================================== 1.

Babuddin Miyan Son Of Chhathu Miya 2.

Eid Mahammad Miyan @ Eid Mohammad Miyan Son Of Chhathu Miya Both are residents Of Village-Bishunpura, P.S- Sidhwalia, DistrictGopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Javed Aslam, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-07-2021 Heard the parties in virtual Court proceeding. The petitioners are languishing in custody for the offence punishable under Section 302/34 of the Indian Penal Code.

The statement of the daughter of the deceased, who was present at the time of occurrence, has been recorded in para-10 of the case-diary. The daughter of the deceased stated that it was Chhathu Mian who had given lathi blow at the head of her father which resulted in subsequent death. The doctor has found single head injury on the person of the deceased which was cause of death.

The petitioners are sons of Chhathu Mian. They also

Patna High Court CR. MISC. No.5485 of 2021(4) dt.20-07-2021 2/2 carry allegation of commission of assault.

Considering the nature of allegation against the petitioners and completion of investigation, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Sidhwalia P.S. Case No.169 of 2020, with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below. (b) The petitioners shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(c) The petitioners shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T