Imamuddin @ Imamuddin Ansari @ Inamuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66537 of 2018 Arising Out of PS. Case No.-58 Year-2017 Thana- GOPALPUR District- Gopalganj ====================================================== Imamuddin @ Imamuddin Ansari @ Inamuddin, Son of Late Wakil Miyan, Resident of Village- Patti Chakar Gopi, Police Station- Gopalpur, DistrictGopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lokesh Kumar Singh For the Opposite Party/s :

Mr. Sri Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-12-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Gopalpur P.S. Case No. 58 of 2017 for the offenses punishable under Sections 302/34 of the Indian Penal Code. The allegation in the present case is regarding the petitioner having hit a brick on the chest of the mother of the informant resulting in her mental condition becoming bad and it is alleged that subsequently she died during the course of treatment. It is further alleged that the co-accused persons had also assaulted the mother of the informant.

The learned counsel for the petitioner has submitted that the said incident is said to have taken place on 22.05.2017 whereas in paragraph no. 121 of the case dairy, the doctor treating the mother of the informant has disclosed that the

Patna High Court Cr.Misc. No.66537 of 2018(3) dt.11-12-2018 2/2 mother of the informant was brought to him for treatment on 23.05.2017 and she had complained of breathing problem as also anemia whereafter the mother of the informant was discharged after imparting treatment. The learned counsel further submits that without lodging of the FIR, the postmortem has been conducted at the door of the informant as stated in paragraph no. 124 of the case diary whereafter the FIR was lodged on 24.05.2017, falsely implicating the petitioner herein and others. Lastly, it is submitted that the petitoner has a clean antecednet and is languishing in custody since 23.07.2018. The learned A.P.P. does not dispute the contents of the FIR as referred to by the learned counsel for the petitioner.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XI, Gopalganj in connection with Gopalganj P.S. Case No. 58 of 2017.

(Mohit Kumar Shah, J) S.Sb/- U T