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
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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.)