Mir Murtaza And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.29036 of 2014 (3) dt.26-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29036 of 2014 Arising Out of PS.Case No. -93 Year- 2014 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Mir Murtaza, son of Late Rajaullah

2. Guddu alias Laddu, son of Mir Murtaza

3. Tahira Begam, wife of Mir Murtaza All are resident of East Siswa, P.S. Banjaria, Dist.East Champaran. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Shakti Suman Kumar, Adv For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 26-08-2015 Heard the learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the alleged offences under Sections 147, 323, 354, 504, 506, 379 and 302 of the Indian Penal Code registered in connection with Turkaulia (Banjaria) P.S. Case No. 93 of 2014.

3. It is submitted that the petitioners have been falsely implicated as the informant's father died four days after the alleged occurrence, that too without any medical treatment.

4. Perused the case diary with the assistance of learned APP. Para 35 refers to the post mortem report and

Patna High Court Cr.Misc. No.29036 of 2014 (3) dt.26-08-2015 according to which the death occurred due to obstructive Lungs disease and Tuberculosis of Lungs.

5. In that view of the matter, the provisional bail granted to the petitioners by order dated 02.12.2014 pending in the Court of learned Chief Judicial Magistrate, Motihari in connection with Turkaulia (Banjaria) P.S. Case No. 93 of 2014 is hereby confirmed.

(Vikash Jain, J) Chandran U T