Mumtaj @ Karu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16801 of 2018 Arising Out of PS.Case No. -163 Year- 2017 Thana -BARH District- PATNA ======================================================
1. Mumtaj @ Karu Son of Md. Najam resident of Village - Kazichak, Ward No. 9, P.S. - Barh, District - Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kumar Manglam For the Opposite Party/s : Mr. Sri Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-06-2018 The petitioner is apprehending his arrest in connection with Barh P.S. Case No. 163 of 2017, registered for offences punishable under Sections 341,323,324, 307 and 34 of the Indian Penal Code.
Allegation against the petitioner and others is of causing death of son of the informant.
It has been submitted on behalf of the petitioner that although he is named in the F.I.R but no specific allegation has been attributed to him and he was only present at the place of occurrence and allegation of assaulting the son of informant is against other co-accused. Further, there is case and counter case between the parties.
Heard learned A.P.P. also.
Having heard both sides, considering the facts and circumstances of the case, let the petitioner above named, in the
Patna High Court Cr.Misc. No.16801 of 2018 (3) dt.19-06-2018 2/2 event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Chief Judicial Magistrate, Barh, Patna, in connection with Barh P.S. Case No. 163 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T