Jafir Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9597 of 2016 Arising Out of PS.Case No. -81 Year- 2015 Thana -TARIYANI CHOWK District- SHEOHAR ====================================================== Jafir Khan Son of Najim Khan, Resident of Village - paharpur, P.S. - Tariyani, District - Sheohar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Devendra Kumar For the Opposite Party/s : Mr. Renuka Ratnakar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-04-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Tariyani P.S. Case No. 81 of 2015 registered under Sections 302/328/34 of the Indian Penal Code.

The accusation of informant Nasrin Begum is that regarding the family dispute, Panchayati was arranged by 5 persons named in the F.I.R., who imposed fine of Rs. 2000/- to her husband. Her husband asked time for payment but Panchayat refused to give the time. When the husband of the informant moved to the house for arrangement of

Patna High Court Cr.Misc. No.9597 of 2016 (2) dt.11-04-2016 2/3 money, in the way, Mozamil Khan surrounded him and Mastan Khan caught hold his leg and Anwarul Khan administered poison where Amin Khan and the petitioner were present.

Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that the husband of the informant alleged to be assaulted by other accused named in the F.I.R. and poison was also administered by co-accused Anwarul and this petitioner are said to be present there. In fact, the husband of the informant committed suicide by taking poison and due to ulterior motive, the petitioner and others have been falsely implicated in this case. Moreover, co-accused Mozamil Khan, Mastan Khan, Amin Khan and Anwarul Khan have already been allowed anticipatory bail by a Bench of this Court vide Cr. Misc. No. 43124 of 2015 on 01.04.2016.

Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or

Patna High Court Cr.Misc. No.9597 of 2016 (2) dt.11-04-2016 3/3 surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the A.C.J.M., Sheohar in connection with Tariyani P.S. Case No. 81 of 2015, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Rajendra Kumar Mishra, J) Shail/- U T