Phool Mohammad @ Fool Mohammad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47851 of 2016 Arising Out of PS.Case No. -149 Year- 2015 Thana -CHAURADANO DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Phool Mohammad @ Fool Mohammad son of Sarfullah Ansari, resident of village Budhwaha- P.S. Chhauradano, East Champaran, Motihari .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Smt. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 08-12-2016 Heard Dr. Amrendra Kumar for the petitioner and the APP for the State.

The petitioner prays for bail in Chhauradano P.S. Case No. 149 of 2015 registered under section 302 IPC. The mother of the victim lodged the case that all the family members, many of them named in the FIR, assaulted her daughter, as a result whereof she received internal injury and later in course of treatment died.

The contention of the petitioner is that he is not a family member and not even named in the FIR. In the subsequent statement, it is alleged that he was also one who conjointly assaulted her daughter. It is submitted that the petitioner being not a family member is not supposed to be involved in the family

Patna High Court Cr.Misc. No.47851 of 2016 (3) dt.08-12-2016 2/2 affairs of the informant and other accused persons. He is in custody since 19.01.2016.

Counsel for the State on going through the case diary has submitted that in the subsequent statement the informant has named the petitioner as one amongst the persons who assaulted the daughter of the informant.

Considering the facts and circumstances of the case, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Addl. Sessions JudgeXII, East Champaran at Motihari in Chhauradano P.S. Case No. 149 of 2015 (S.T.No. 557 of 2016) on condition that one of the bailors of the petitioner shall be his own/close family member. In the event of framing of charge, the petitioner shall appear in person on each date fixed at the trial. In case of default in doing so on two consecutive dates, the trial court shall have liberty to cancel his bail bonds and secure his arrest in accordance with law. (Kishore Kumar Mandal, J) HR/- U T