Allowed

Mahboob Mian v. The State Of Bihar

Patna HC1 Aug 2017CR. MISC./18341/2017

Case brief

AI extract

What is this about?

Single judge order granting provisional bail to the petitioner charged with murder. The court considered the FIR details, the version of death, and the fact that co-accused had already been released on bail.

What did the court decide?

Petitioner released on bail in Harsidhi P.S. Case No. 269/2016 upon furnishing a bond of Rs. 10,000 with two sureties of similar amount within six weeks.

Mahboob Mian Vs The State Of Bihar — Murder and Culpable Homicide | Patna HC (2017)

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Patna High Court Cr.Misc. No.18341 of 2017 (4) dt.01-08-2017

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18341 of 2017

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Arising Out of PS.Case No. -269 Year- 2016 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI)

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======================================================

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Mahboob Mian, son of Botu Mian, Resident of Village- Ram Nagar, Police Station- Harsidhi, District- East Champaran.

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.... .... Petitioner/s

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Versus

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The State of Bihar.

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.... .... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Md. Harun Quareshi

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For the Opposite Party/s : Mr. Sri Pranav Kumar

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====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER

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4 01-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

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The petitioner apprehends his arrest in connection with Harsidhi P.S. Case No. 269 of 2016, registered under Sections 302 and 201/34 of the Indian Penal Code.

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The accusation is that, on 16.08.2016, at 8 A.M., petitioner and one Mansoor Mian came at the door of the informant and accompanied her husband, Ahmad Ansari for doing the work of labourer. In the evening, informant received information through Chaukidar that the dead body of her husband is lying in bush near Ramnagar Nahar, on which, she

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Patna High Court Cr.Misc. No.18341 of 2017 (4) dt.01-08-2017

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went with the villagers and identified the dead body of her husband. The informant raised suspicion against the seven persons named in the F.I.R. including the petitioner to commit the murder of her husband by pressing her mouth and threw the dead body in the bush.

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Learned counsel for the petitioner submits that it would appear from the F.I.R. that nobody has seen the occurrence and the cause of death of the husband of the deceased is due to heart failure not by pressing the mouth. It is further submitted that similarly situated co-accused, Zakir Ansari @ Jakir Hussain, Sadhir Ansari @ Sadir Hussain, Mustafa Ansari, Habib Miyan and Salaeya Khatoon, have already been granted privilege of bail by a bench of this Court vide orders dated 26.07.2017 and 25.04.2017 passed in Criminal Misc. Nos. 14360 of 2017 and 12165 of 2017.

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Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, in connection with Harsidhi P.S. Case No. 269 of

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Patna High Court Cr.Misc. No.18341 of 2017 (4) dt.01-08-2017

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2016, subject to the condition as laid down under Section 438(2)

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of the Cr.P.C.

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(Rajendra Kumar Mishra, J)

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Bhardwaj/-

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U T

Mahboob Mian v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Mahboob Mian v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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