Kush Mohammad Ansari @ Khush Mohammad Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33903 of 2015 Arising Out of PS.Case No. -15 Year- 2015 Thana -RUDRAPUR District- MADHUBANI ======================================================

1. Kush Mohammad Ansari @ Khush Mohammad Ansari, Son of Late Abdul Ansari, Resident of Village- Dumara, P>S. Rudrapur, DistrictMadhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. P.K.Chaurasiya(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 30-10-2015 Heard learned counsel for the petitioner and learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

Petitioner is named in the first information report and omnibus allegation of assault has been leveled against the petitioner and others. The cause of death of the deceased is said to be asphyxia due to strangulation. In course of investigation, the statement of daughter as well as daughter- in- law of the deceased was recorded vide Para-8 and Para-9 of the case diary and both the aforesaid witnesses claimed to be eye witnesses of the alleged occurrence and stated that it was co-accused Hamida Khatoon, who pressed the neck of the deceased and co-accused Hamida

Patna High Court Cr.Misc. No.33903 of 2015 (3) dt.30-10-2015 2/2 Khatoon has already been granted privilege of bail by a coordinate Bench of this Court, although, in course of investigation one witness vide Para 20 of the case diary claimed that it was petitioner, who pressed the neck of the deceased by his leg. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Jahnjharpur, Madhubani in connection with Rudrapur P.S.Case No. 15 of 2015. (Hemant Kumar Srivastava, J) N.K/- U T