Naiyyar v. The State of Bihar
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 34, 201, 302, 328
Judgment
CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 2 15-03-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has been arrested in connection with Jokihat P.S. Case No. 170 of 2010, registered under Sections 302, 328 and 201/34 of the Indian Penal Code. It is alleged that Punam Devi has been done to death by poisoning. However the informant in his statement and Fardbeyan stated that he learnt about this fact from another person. Hence, admittedly, he is not eye witness of the occurrence. However, it is alleged that Mustaque, Naiyar, Naushad and this petitioner, brother-in-law of Mustaque administered poison to the victim. However, learned counsel for the petitioner submits that there is no eye witness to the occurrence and co-accused Bibi Kosharin @ Kosharin, wife of Mustaque having similar allegation has been granted bail by this Court in Cr. Misc. No. 3738 of 2011. The petitioner is in jail custody since
10.12. 2011. Under the above facts and circumstances of the case the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria, in connection with Jokihat P.S. Case No. 170 of 2010. m.p. (Gopal Prasad, J)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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