Patna High CourtCR. MISC./15803/2024bail granted

Md. Nijamudin v. The State Of Bihar

2024-04-26Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15803 of 2024 Arising Out of PS. Case No.-407 Year-2023 Thana- MADHAURAH District- Saran ====================================================== Md. Nijamudin SON OF LATE SAUGAT RESIDENT OF VILLAGEJODHAULI BATHANA, PS- MARHOWRAH, DIST- SARAN AT CHAPRA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh, Adv.

For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Marhowrah P.S. Case No.407 of 2023 lodged under Sections 302 and 34 of the I.P.C.

3. As per the prosecution case, the F.I.R. has been lodged against four named accused persons including the petitioner and allegation is that when accused persons came out from the house of the informant and saw her, the accused persons started shivering due to fear. Subsequently, the informant got her daughter dead, and thereafter, the allegation of murder has been made in the F.I.R. against the accused persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits

Patna High Court CR. MISC. No.15803 of 2024(3) dt.26-04-2024 2/3 that after investigation, police has submitted charge-sheet under sections 306 of the I.P.C. and section 302 of the I.P.C. has been removed.

5. Counsel for the petitioner submits that petitioner is in custody since 11.07.2023 having clean antecedent.

6. Counsel also submits that the other co-accused has been granted bail by the Co-ordinate Bench of this Court vide order dated 10.01.2024 passed in Cr. Misc. No.84397/2023.

7. Learned counsel for the State opposes the prayer for bail.

8. Learned counsel for the informant vehemently opposes the prayer for bail and submits that the informant has directly made allegation that the accused persons came out from her house, then they were shivering due to fear, and therefore, she raised strong suspicion rather she has faith that they are involved in killing of her daughter.

9. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial MagistrateVIIIth, Saran at Chapra in connection with Marhowrah P.S.

Patna High Court CR. MISC. No.15803 of 2024(3) dt.26-04-2024 3/3 Case No.407 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C.

(Dr. Anshuman, J.) Prakashmani/- U T