Gabbar @ Shahid v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1752 of 2017 Arising Out of PS.Case No. -39 Year- 2016 Thana -TEDHAGACHH District- KISANGANJ ====================================================== Gabbar @ Shahid, son of Nazir Sah, resident of village-Shishagachhi, Fakirtola, P.S. Terhargachh, District-Kishanganj. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 19-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Terhagachh P.S. Case No.39 of 2016 registered under Sections 341, 323, 504, 448 and 302/34 of the Indian Penal Code.
The prosecution case is that due to quarrel in between the children, four persons including the petitioner reached at the door of the informant and dashed her husband Jamil, who was disabled and was sitting on the chair, who fell down from the chair. The informant took Jamil in the courtyard and served him water but, in the mean time, he died.
Learned counsel appearing on behalf of the petitioner submits that while there is allegation that four persons including
Patna High Court Cr.Misc. No.1752 of 2017 (2) dt.19-01-2017 2/2 the petitioner dashed Jamil, the husband of the informant, who was disable and was sitting on a chair, and he died but in the postmortem report, no any ante-mortem injury was found on the person of Jamil rather the cause of his death has been shown as chronic lung disease. Further submission is that the petitioner having no criminal antecedent is in custody since 06.09.2016 Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri K.K. Choudhary, Judicial Magistrate, First Class, Kishanganj, in connection with Terhagachh P.S. Case No.39 of 2016. (Rajendra Kumar Mishra, J) P.S./- U T