Aftab @ Aftab Alam @ Dr. Aftab v. The State Of Bihar

Patna High Court Cr.Misc. No.29339 of 2018 (2) dt.18-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29339 of 2018 Arising Out of PS.Case No. -68 Year- 2018 Thana -RAMNAGAR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Aftab @ Aftab Alam @ Dr. Aftab S/o Late Anwar Ahmad, R/o Vill.- Sabuni Pokhara, P.S.- Ramnagar, Distt.- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-05-2018 Heard both sides.

The petitioner apprehends his arrest in Ramnagar P.S. Case No.68 of 2018 registered under Sections 306 and 34 of the Indian Penal Code.

The widow of the deceased alleged that her husband sold his house to a person, a resident of village Meghwal Mathiya. Dr. Aftab, the petitioner was the mediator. Dr. Aftab had kept the consideration money received from the purchaser. Her husband used to go to the house of Dr. Aftab but Aftab did not pay money. She further alleged that since the consideration money was not being paid to her husband, her husband became depressed and he committed suicide.

The learned counsel for the petitioner submits that no consideration money is kept by the petitioner. There is nothing on

Patna High Court Cr.Misc. No.29339 of 2018 (2) dt.18-05-2018 record to show that the petitioner ever called the deceased to take money. It is further submitted that there is nothing on record to show that the petitioner is responsible for the murder of Subhash Patwa, the husband of the informant.

On the other hand, learned counsel for the informant and the learned A.P.P. vehemently opposed the prayer for anticipatory bail.

Having considered the facts that the informant of course alleged that the petitioner got the consideration money of the land sold by her husband to the person of village Meghwal Mathiya but there is no material on record to show that the petitioner ever compelled the deceased to commit suicide, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bagaha, West Champaran in connection with Ramnagar P.S. Case No.68 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Saurabh/- (Prabhat Kumar Jha, J) U T