Patna High CourtCR. MISC./5832/2019bail granted

Md. Ismail @ Aslam v. The State Of Bihar

2019-04-23Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5832 of 2019 Arising Out of PS. Case No.-356 Year-2018 Thana- SAKRA District- Muzaffarpur ====================================================== MD. ISMAIL @ ASLAM S/o Md. Salim Ansari Resident of villageChakrawe Maniyari, P.S.- Sakra, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Kumar Pandey For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 302 of the Indian Penal Code.

The prosecution case in brief is that the accused persons in absence of husband of informant's daughter tried to outrage her modesty and when it was protested, she was murdered. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 10-08-2018. Charge sheet has already been submitted. The petitioner has been falsely implicated in the present case. The finding of postmortem report does not corroborate the allegation made in the FIR.

Patna High Court CR. MISC. No.5832 of 2019(3) dt.23-04-2019 2/2 There is neither external nor internal injury on the body of the deceased.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, the petitioner named above is directed to 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 learned Chief Judicial Magistrate, Muzaffarpur in connection with Sakra P.S. Case No. 356 of 2018.

(Sudhir Singh, J) A.K.V.//- U T