Mujib @ Mujib Alam @ Mojib v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49513 of 2015 Arising Out of PS.Case No. -111 Year- 2014 Thana -THAKURGANJ District- KISANGANJ ======================================================

1. MUJIB @ MUJIB ALAM @ MOJIB Son of Naimuddin Resident of Village - Jiyapokhar, P.S.- Thakurganj, (Jia Pokhar), District - Kishanganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sarangdhar Jha For the Opposite Party/s : Mr. Tapeshwar Sharma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-02-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 341, 323, 504 and 306/34 of the I.P.C Allegedly, being annoyed with the behaviour of the petitioner that he was having illicit relationship with a girl; the wife of the petitioner gave poison to her three minor children and also consumed poison herself resulting all the four persons died. Submission is of false implication and that there was cordial relation between the petitioner and his wife, the wife of the petitioner was of short temper and she gave poison to three minor children and also consumed poison herself, the petitioner has got no role in the crime, the petitioner due to action of his wife lost his

Patna High Court Cr.Misc. No.49513 of 2015 (3) dt.12-02-2016 2/2 wife and three minor children and thereafter in this false case he is suffering in custody since 26.05.2014, other co-accused Bhumika @ Zahina @ Bhumika Zahina has been allowed bail vide Cr. Misc. No. 43899 of 2015 and as such the petitioner deserves sympathetic consideration.

The learned A.P.P. opposes prayer for bail by submitting that the petitioner is the husband and father of the deceased person.

In the facts and circumstances as stated above, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge, Kishanganj in Sessions Trial No. 1133 of 2014 arising out of Thakurganj (Jia Pokhar) P.S. Case No. 111 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T