Md. Mushfique @ Md. Mushfique Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65363 of 2019 Arising Out of PS. Case No.-235 Year-2017 Thana- PALASI District- Araria ====================================================== MD. MUSHFIQUE @ MD. MUSHFIQUE ALAM Son of Jallaludin Resident of Village - Kathora, P.S.- Palasi, District- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nishant Kumar Sinha For the Opposite Party/s :
Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-01-2020 Petitioner seeks bail in anticipation of his arrest in connection with Palasi P.S. Case No. 235 of 2017, corresponding to G.R.No. 2876 of 2017, registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.
As per FIR daughter of the informant was found dead and it appears that she was killed by sharp edged weapon in the field.
Submission of learned counsel for the petitioner is that he was not present in the village at that time as he had gone in connection of his treatment, which will appear from FIR itself.
Heard learned APP, who has opposed the prayer for anticipatory bail stating that order dated 17.6.2019 itself shows
Patna High Court CR. MISC. No.65363 of 2019(3) dt.09-01-2020 2/2 that process under Sections 82 and 83 of Cr.P.C. has already been exhausted against the petitioner.
In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner. He has to surrender and pray for regular bail. This application is, accordingly, dismissed.
(Vinod Kumar Sinha, J) spal/- U T