Patna High CourtCR. MISC./5502/2019bail granted

Md. Sabul v. The State Of Bihar

2019-01-31Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5502 of 2019 Arising Out of PS. Case No.-109 Year-2018 Thana- SANHAULA District- Bhagalpur ====================================================== Md. Sabul, son of late Md. Fazir, r/o village- Kamalpur, P.S.-Sanhaula, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Dr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 31-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Sanhaula P.S. Case No.109 of 2018 instituted for the offence under Section(s) 302, 201, 120B/34 Indian Penal Code. Counsel for the petitioner submits that mere suspicion has been raised against the petitioner in the written report. In the written report, it is alleged that on the date of occurrence husband of the informant received 3-4 calls on his mobile. Thereafter, one person arrived at his rented house on a motorcycle to purchase fertilizer. Then husband of the informant went to his shop along with that person on motorcycle to give fertilizer. In the next morning the informant got information that dead body of her husband is lying in Bakhadda pond.

Patna High Court Cr.Misc. No.5502 of 2019(2) dt.31-01-2019 2/2 The informant has raised merely suspicion against the petitioner in the written report that he had given threat to her husband.

Counsel for the petitioner further submits that coaccused, Md. Rafique, has already been granted regular bail by co-ordinate Bench of this Court by order dated 26.10.2018 passed in Cr. Misc. No.63231 of 2018.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, 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 the Chief Judicial Magistrate, Bhagalpur, in connection with Sanhaula P.S. Case No.109 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- U T