Md. Sajam @ Md. Saddam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6016 of 2024 Arising Out of PS. Case No.-156 Year-2023 Thana- PIRPAINTI District- Bhagalpur ====================================================== Md. Sajam @ Md. Saddam son of Shekh Khalil Village- Pirpainti Bazar PsPirpainti Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar, Advocate For the Opposite Party/s :

Mr. Md. Mushtaque Alam,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Pirpainti P.S. case No. 156 of 2023 instituted for the offences under Sections 304(B), 328, 34 of the Indian Penal Code.

3. Prosecution case, in short, is that petitioner and his family members have killed the daughter of the informant for the non-fulfillment of demand of dowry.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 31.08.2023 and has no criminal antecedent. Learned counsel further submitted that from the F.I.R., it transpires that the death of the deceased has been caused due to consumption of poison. Learned counsel further submitted that petitioner is the devar of the deceased and he has no role to play in the family affairs of husband and wife

Patna High Court CR. MISC. No.6016 of 2024(2) dt.12-02-2024 2/2 (deceased). Learned counsel further submitted that no specific over act is levelled against this petitioner rather the general and omnibus allegation is attributed to this petitioner. Learned counsel next submitted that husband of the deceased is already in jail. Similarly situated co-accused person has already been granted bail by a Coordinate Bench of this Court vide order dated 29.11.2023 passed in Cr. Misc. No. 74923 of 2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Pirpainti P.S. case No. 156 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T