Imaman Quraisi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44832 of 2015 Arising Out of PS.Case No. -21 Year- 2015 Thana -KINJAR District- JEHANABAD ====================================================== Imaman Quraisi son of Late Bakridan Quraisi, resident of village- Wajitpur, P.S. Kinjar, District- Arwal.

.... .... Petitioner/s

Versus

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

For the Petitioner/s :

For the Opposite Party/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 14-10-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends arrest in Kinjar P.S. Case No. 21 of 2015 dated 10.03.2015 instituted under Section 302 of the Indian Penal Code.

The allegation against the petitioner is of assault on the deceased who was his son-in-law along with others leading to his death.

Learned counsel for the petitioner submits that the marriage had taken place 10 years back and the deceased was an

Patna High Court Cr.Misc. No.44832 of 2015 (2) dt.14-10-2015 2/3 alcoholic and thus in an inebriated state had fallen off their roof and it was the petitioner and other family members who had taken him to the local hospital from where he was referred to a Patna hospital where he died. It is submitted that even the medical report has found the deceased to be drunken and thus the allegation of the informant, who is brother of the deceased, of there being foul play does not hold ground. It is further submitted that in the past there has never been any allegation against the petitioner or his family members and thus there is absolutely no reason for him to kill his son-in-law.

Learned counsel submits that two other similarly situated co-accused namely Anisha Khatoon and Chando Begam have been granted anticipatory bail by a co-ordinate Bench of this Court in Cr. Misc. No. 22928 of 2015 on 21.09.2015. It is further submitted that the petitioner has clean antecedent. Learned A.P.P. does not dispute the fact that only suspicion has been raised against the petitioner. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.

Patna High Court Cr.Misc. No.44832 of 2015 (2) dt.14-10-2015 3/3 Magistrate, 1st Class, Jehanabad in Kinjar P.S. Case No. 21 of 2015, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Ahsanuddin Amanullah, J) Anjani/- U T