Md. Suleman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4554 of 2019 Arising Out of PS. Case No.-439 Year-2018 Thana- BAHERA District- Darbhanga ====================================================== Md. Suleman, age about 71 years, (Male), Son of Late Janud@ Janin Nadaph, Resident of Village-Dherakh, P.S.- Bahera, District-Darbhanga ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-01-2019 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 14.11.2018 in a case registered for the offences punishable under Sections 328 and 302/34 of the IPC.

The prosecution case, as per the written report of Rasid Nadaf, dated 13.10.2018, submitted to the Station House Officer, Benipur Police Station, is to the effect that the covillager of the informant, Md. Rahman used to keep the married daughter of the informant, Akhtari Khatoon. Co-accused Rahman took the daughter of the informant to Delhi, where she was forced into immoral trafficking. It is further alleged that on 13.10.2018, four FIR named accused persons including the petitioner killed the daughter of the informant by poisoning.

Patna High Court Cr.Misc. No.4554 of 2019(2) dt.29-01-2019 2/2 It is submitted by learned counsel for the petitioner that the thrust of accusation is against co-accused, Rahman. The petitioner has been roped in the present case since he happens to be the father of the co-accused, Rahman. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the petitioner is named in the FIR.

Considering the fact that thrust of accusation is against the co-accused Rahman and the investigation has already been concluded, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Benipur, Darbhanga in connection with Bahera P.S. Case No. 439 of 2018.

(Dinesh Kumar Singh, J) Amrendra/- U T