Mostaque Mian @ Mustak Mian And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10047 of 2018 Arising Out of PS.Case No. -116 Year- 2017 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Mostaque Mian @ Mustak Mian, S/o Late Islam Mian,
2. Naseem Mian @ Nasmudin S/o Late Islam Mian, Both R/o Village- Asharfi Sah Tola, P.S.- Turkauliya, District- East Champaran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhurendra Kumar For the Opposite Party/s : Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-02-2018 Heard the learned counsel for the petitioners and learned counsel for the State.
The petitioners seek anticipatory bail in connection with Turkauliya PS case no. 116 of 2017 G.R. No. 984 of 2017 registered for the offences punishable under Sections 302/34 of the Indian Penal Code.
The case of the prosecution is that on the date of occurrence some dispute took place because of sewerage and it is alleged that the informant saw that his father is being assaulted by these petitioners after putting Gamcha around his neck. The informant came running on hearing halla then the accused persons fled away. Thereafter, his father was brought to hospital where he was declared dead.
Patna High Court Cr.Misc. No.10047 of 2018 (2) dt.21-02-2018 2/2 The learned counsel for the petitioners submits that the coaccused persons have already been granted anticipatory bail by this Court by an order dated 21.12.2017 passed in Cr. Misc. No. 53110 of 2017 on the ground that the informant has stated in paragraph-4 of the case diary that his father had suffered heart attack and when his father had went to the hospital, he was declared dead. It is further submitted that the post mortem report also shows that there are no external injury on the person of the deceased.
Having regard to the facts and circumstances of the case, in the event of arrest or surrender before the concerned court within a period of six weeks from the date of receipt/production of a copy of the present order, the petitioners above named are directed to be released on anticipatory bail on furnishing bonds of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Cheif Judicial Magistrate, East Champaran, Motihari, in connection with Turkauliya PS case no. 116 of 2017 (G.R. No. 984 of 2017), subject to the conditions laid down under Section 438(2) of Code of Criminal Procedure.
(Mohit Kumar Shah, J) BTiwary/- U T