Irsad Ali v. The State Of Bihar
Patna High Court Cr.Misc. No.2553 of 2016 (4) dt.19-04-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2553 of 2016 Arising Out of PS.Case No. -16 Year- 2015 Thana -BARAULI District- GOPALGANJ ====================================================== Irsad Ali Son of Hafiz Mia, resident of village- Fatehpur, P.O. + P.S.- Barauli, Distt- Gopalganj, Presently residing in (K.S.A.) .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Shafiur Rahman, Advocate For the Opposite Party : Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 19-04-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is apprehending his arrest in connection with Barauli P.S. Case No. 16 of 2015 for the offences instituted under Section 304(B) of the Indian Penal Code. Case diary was called for, which has been received. Learned counsel for the petitioner submits that admittedly as per the FIR, the petitioner was not present in India, rather he was present in Saudi Arabia at the time of occurrence. It is further submitted that the petitioner informed the informant that his sister was unwell and was being treated in hospital. Learned counsel appearing on behalf of the State after perusing of the case diary confirms that the petitioner was in fact
Patna High Court Cr.Misc. No.2553 of 2016 (4) dt.19-04-2016 in Saudi Arabia and he informed the informant that she is being treated in hospital.
Considering the aforesaid facts and circumstances and that there is no alleged demand of dowry prior to the occurrence, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of four weeks from today in connection with Barauli P.S. Case No. 16 of 2015 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Gopalganj, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anjana Mishra, J) B.Kr./- U T