Patna High CourtCR. MISC./21832/2016bail granted

Anamul Haque @ Anamul v. The State Of Bihar

2016-10-18Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21832 of 2016 ====================================================== Anamul Haque @ Anamul son of Tajbul @ Ghutar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Hussain, Advocate For the Opposite Party/s : Mr. Anil Chandra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-10-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 498A, 302/34 and 120B of the Indian Penal Code.

The prosecution case is that the daughter of the informant namely Rabina Khatoon was killed about 15 years prior to lodging of the First Information Report. On 24.09.2015 at 1.00 AM, the informant received information that her daughter died then he went to the matrimonial house of his daughter and found her dead body when the accused persons suggested that the victim consumed poison. It is alleged against the petitioner that the petitioner treated the victim.

It is submitted by learned counsel for the petitioner that the thrust of accusation is against the family members of the victim, who is alleged to have administered poison. The petitioner

Patna High Court Cr.Misc. No.21832 of 2016 (2) dt.18-10-2016 2/2 denies to have treated the victim. It is further submitted that even assuming the accusation at best the case under section 304A is made out against the petitioner. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the thrust of accusation against the in-laws family of the victim, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Purnea, in connection with Bhawanipur P.S. Case No.208/2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T