Md. Gayasuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62887 of 2019 Arising Out of PS. Case No.-43 Year-2019 Thana- MAHILA P.S. District- Araria ====================================================== Md. Gayasuddin, aged about 57 Gender- Male, Son of Md. Jumman, Resident of Village- Sogna, P.S.- Tarabari, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Sharma, Adv.

For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-10-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner apprehends his arrest in connection with Mahila P.S. Case No. 43 of 2019 registered under sections 341, 323, 324, 326, 307, 376, 302 and 34 IPC The allegation against the petitioner, as per first information report, is that the informant was intercepted by son of the petitioner who attacked the informant by means of knife and gave knife blow to her on various parts of the body due to which the informant died. The FIR was lodged by the informant before she became un-conscious and subsequently died. Learned counsel appearing for the petitioner submits that the petitioner has only been implicated in this case merely on the basis that he happens to be the father of the main accused who

Patna High Court CR. MISC. No.62887 of 2019(2) dt.23-10-2019 2/2 allegedly killed the informant due to some land and family dispute. Learned counsel further submits that the statement of the son of the deceased has also been recorded under Section 164 Cr.P.C and in which he has not stated anything against the petitioner. Having regard to the submissions made by the parties and taking into consideration the fact that no overt act has been stated against the petitioner, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, in the event of arrest or surrender before the learned Court below within a period of four weeks from today shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Session Judge, Araria in connection with Mahila P.S. Case No. 43 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anil Kumar Sinha, J) Anjula/- U