Birbal Mahaldar v. The State Of Bihar

Patna High Court Cr.Misc. No.27193 of 2015 (3) dt.24-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27193 of 2015 Arising Out of PS.Case No. -45 Year- 2015 Thana -KATIHAR MUFFASIL District- KATIHAR ====================================================== Birbal Mahaldar Son of Radha Mahaldar resident of village - Bind Tola, Police Station - Mufassil, District - Katihar .... .... Petitioner

Versus

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

For the Petitioner : Mr. Madhuri Lata For the Opposite Party : Mr. Ambika Bhagat (Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-09-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 302 and 201/34 of the Indian Penal Code and Sections 3(2)(v) of the Scheduled Caste & Scheduled Tribe(Prevention of Atrocities)Act.

It is alleged by the informant that petitioner had given threatening to kidnap within two days to Sunita Kumari, daughter of the informant and from the date of occurrence she was missing and her dead body was later on recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. Petitioner has been made accused due to village politics. As per the FIR also, only suspicion has been raised against the petitioner. There is no direct

Patna High Court Cr.Misc. No.27193 of 2015 (3) dt.24-09-2015 or indirect evidence to the occurrence. There is no eye witness to the occurrence.

On behalf of the State, it has been submitted that the petitioner is named in the FIR.

Considering the aforesaid facts, let the above named petitioner, in the event of his arrest or surrender in the court below within a period of four weeks, 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 learned CJM, Katihar in connection with Katihar (Mufassil) P.S.Case No.45 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sudhir Singh, J) B.Kr./- U T