High Court Patna High Court - Orders

Md. Sabir & Ors. vs The State Of Bihar on 16 August, 2011

Patna High Court – Orders
Md. Sabir & Ors. vs The State Of Bihar on 16 August, 2011
                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                      Cr.Misc. No.25389 of 2011
             1.   Md. Sabir, S/O-Md. Naim @ Md. Naima
             2.   Md. Jabir, S/O-Md. Naim @ Md. Naima
             3.   Doma @ Md. Doma, S/O-Late Dabir
             4.   Md. Naim, S/O-Late Dabir
             5.   Md. Jahoor @ Md. Jahoor Alam, S/O-Doma
                        Versus
                                      The State Of Bihar
                                            -----------

02 16.08.2011 Heard learned counsel for the petitioners as well as

learned Additional Public Prosecutor for the State assisted by

learned counsel for the informant.

Initially, the case was registered under Sections

302/34 of the Indian Penal Code and after completion of the

investigation, police submitted charge sheet against the petitioners

for the offence under Section 306 of the Indian Penal Code.

It appears from perusal of the impugned order as well

as submissions of the parties that petitioners have been made

accused in this case on the basis that they used to tease the

deceased and prior to the alleged occurrence they had given

threatening of dire consequences to the deceased and his family

members.

Learned counsel appearing for the informant submits

that no stain of saliva was found on the person of the deceased. So,

the aforesaid circumstance clearly indicates that deceased was done

to death.

Considering the aforesaid facts and circumstances as

well as submissions of the parties, let the petitioners be released on

bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each
2

with two sureties of the like amount each to the satisfaction of

Chief Judicial Magistrate, Katihar in connection with Kadwa P.S.

Case No. 67 of 2011.

SHAHZAD                              ( Hemant Kumar Srivastava, J.)