Md. Manzoor @ Manzoor Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59351 of 2019 Arising Out of PS. Case No.-187 Year-2018 Thana- PIYAR District- Muzaffarpur ====================================================== 1.
Md. Manzoor @ Manzoor Sah, aged about 60 years, male, Son of Chulhai Miyan Resident of Village- Bangra, PS- Pear, District- Muzaffarpur. 2.
Md. Anwar, aged about 19 years, male, Son of Md. Manzoor Resident of Village-Bangra, PS-Pear, District-Muzaffarpur. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Prabhat Kumar-Advocate For the Opposite Party :
Mr. Md. Ataur Rahman-A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-11-2019 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State and learned counsel for the informant.
The petitioners seek pre-arrest bail in connection with Pear P. S. Case No.187 of 2018 registered under Sections 302, 201, 120B of the Indian Penal Code.
It is contended by the learned counsel for the petitioners that the entire allegations made in the first information report are false and fabricated. Initially, a complaint was filed on 28.08.2018 with respect to an occurrence of offence, which is alleged to have taken place on 06.07.2008. In the complaint itself the complainant has stated that he received a
Patna High Court CR. MISC. No.59351 of 2019(3) dt.20-11-2019 2/3 call on 06.07.2018 at 10.00 A.M. from Achhalda Police Station and reached Achhalda on 07.07.2018 at 12 O' clock in the noon and identified the amputated body of his son. As a matter of fact, the body was found lying between Pole No.1120/17 to 1120/19 situated in the route of Anchal Samho Railway Station. The local police prepared the inquest report and Panchnama in presence of independent witnesses. The post mortem examination was also done. However, a belated complaint was filed in the court of Chief Judicial Magistrate, Muzaffarpur alleging that the co-accused Jai Shankar Kumar, Vijay Kumar Sahni and Dhiraj Sahni took the son of the complainant to Delhi on 16.06.2018.
In any case, since the occurrence is alleged to have taken place at Achhalda within the territorial jurisdiction of Auraiya District in Uttar Pradesh, the institution of the complaint at Muzaffarpur is bad in law. He has contended that a case of accidental death has been converted into a case of murder by the complainant and without appreciating the facts and circumstances of the case, the learned Magistrate referred the complaint to the police for investigation in exercise of power conferred under Section 156(3) of the Cr.P.C. pursuant to which the first information report has been instituted.
Patna High Court CR. MISC. No.59351 of 2019(3) dt.20-11-2019 3/3 informant submitted that the delay was caused in institution of the complaint as the informant was busy in inquiring the matter as to how his son died. He contended that the informant had gone to Achhalda on receiving the call and since the offence of murder was given the colour of accidental death, the complainant came back and filed the case at Muzaffarpur. According to him, the Court at Muzaffarpur also has territorial jurisdiction.
Considering the delay caused in filing the complaint, the submissions advanced on behalf of the parties and in the facts and circumstances of the case, in the event of arrest or surrender before the court below, the petitioners named above are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Sri P. K. Mehta, Judicial Magistrate, 1st Class, Muzaffarpur in connection with Pear P. S. Case No.187 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) vikash/- U T