Sarfuddin @ Md. Sarfuddin @ Mithe v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24279 of 2015 Arising Out of PS.Case No. -102 Year- 2014 Thana -NAUHATTA District- SAHARSA ====================================================== Sarfuddin @ Md. Sarfuddin @ Mithe. S/o Kutubuddin. Resident of Village - Fekrahi, P.S.- Nauhatta, District - Saharsa. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.35040 of 2015 Arising Out of PS.Case No. -102 Year- 2014 Thana -NAUHATTA District- SAHARSA ======================================================
1. Akbari Khatoonn W/o Mintula Khan @ Mintullah Khan
2. Sherkhan @ Md. Sher Khan S/o Mintulla Khan
3. Lalu Khan S/o Mintulla Khan All residents of village - Fekrahi, P.S. - Nauhatta, District - Saharsa.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-09-2015 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case instituted under Sections 302/34 of the Indian Penal Code. Allegation against the petitioners is that they have drowned the grandson of the informant aged about five years to death.
It has been submitted that on bare perusal of the F.I.R. it appears that the informant is not the eye witness to the occurrence. From perusal of the case diary also it appears that there is no eye witness to the occurrence nor there is any substantial evidence to
Patna High Court Cr.Misc. No.24279 of 2015 (3) dt.04-09-2015 2 / 2 suggest the implication of the petitioner.
On behalf of the State, it is submitted that petitioners are named in the F.I.R.
Considering the aforesaid facts, let the above named petitioners, in the event of their 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 only) each with two sureties of the like amount each to the satisfaction of Sri Awadesh Kumar, learned Judicial Magistrate, Ist Class, Saharsa, in connection with Nauhatta P.S. Case no. 102 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure (Sudhir Singh, J) sudip/- U T