Md. Atabur Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7886 of 2021 Arising Out of PS. Case No.-256 Year-2020 Thana- MANIHARI District- Katihar ====================================================== 1.

Md. Atabur Rahman S/O Late Tamijuddin Resident of Banipur, P.S.- Manihari, Distt.- Katihar.

2.

Bibi Golnoor W/o Md. Atabur Rahman Resident of Banipur, P.S.- Manihari, Distt.- Katihar.

3.

Md. Israfil S/o Late Tamijuddin Resident of Banipur, P.S.- Manihari, Distt.- Katihar.

4.

Ruksana Khatoon W/o Md. Israfil Resident of Banipur, P.S.- Manihari, Distt.- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh For the Opposite Party/s :

Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-02-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioners are apprehending their arrest in a case registered for the offences punishable under

Patna High Court CR. MISC. No.7886 of 2021(4) dt.08-02-2022 2/3 Sections 341, 323, 328, 302, 34 of the Indian Penal Code.

The prosecution case as per F.I.R is that all the accused persons including the petitioners assaulted the husband of the informant and thereafter, it is alleged that petitioner No. 1 caught hold the husband of the informant and petitioner No. 3 administered some poisonous medicine. The husband of the informant was taken to the informant where during treatment, he died. It is submitted by learned counsel for the petitioners that for the alleged occurrence of 19.08.2020, the F.I.R has been registered on 23.08.2020. The petitioners have been implicated in this case due to previous enmity. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

The viscera report has been received and it has been brought on record at Flag-A. The viscera report suggests that Aluminium Phosphide was detected in the

Patna High Court CR. MISC. No.7886 of 2021(4) dt.08-02-2022 3/3 dark brown fluid. The Aluminium Phosphide is known as CELPHOS and is highly poisonous. The viscera report completely corroborates the prosecution version. Considering the aforestated facts, this Court is not inclined to grant anticipatory bail to the petitioners. The prayer for anticipatory bail of the petitioners stands rejected.

(Sunil Kumar Panwar, J) Shageer/- U T