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Patna High CourtCR. MISC./75244/2022bail granted

Uddin Mian v. The State Of Bihar

2023-03-24Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75244 of 2022 Arising Out of PS. Case No.-201 Year-2022 Thana- CHAKAI District- Jamui ====================================================== 1.

Uddin Mian Son of Late Abdul Mian R/v- Patauaa, P.S.- Chakai, DistrictJamui 2.

Jumman Mian Son of Late Abdul Mian R/v- Patauaa, P.S.- Chakai, DistrictJamui 3.

Mina Khatoon @ Mina Bibi Wife of Mumtaz Ansari R/v- Patauaa, P.S.- Chakai, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Parasar For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-03-2023 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 302, 201, 120(B) and 34 of the Indian Penal Code.

As per the prosecution case, on account of land dispute between the parties all the accused persons including petitioners committed murder of the son of informant. It is submitted that informant is not eye-witness of the occurrence. Petitioners have been falsely implicated in this case simply because dead body of the son of informant was

Patna High Court CR. MISC. No.75244 of 2022(2) dt.24-03-2023 2/2 recovered from the well which is situated in the courtyard of petitioners. It is next submitted that deceased died due to drowning which is also supported by the postmortem report in which it is mentioned that cause of death is due to cardiac respiratory failure due to drowning.

Counsel for informant vehemently opposed the prayer for bail.

Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Jamui in connection with Chakai P.S. Case No. 201 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T