Mashum Ali @ Masum Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11985 of 2023 Arising Out of PS. Case No.-308 Year-2022 Thana- BHAGWAN BAZAR District- Saran ====================================================== MASHUM ALI @ MASUM ALAM S/o Md. Aslam @ Aslam Ali R/o Village- Katalpur, P.S.- Baikunthpur, Distt- Gopalganj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Sandesh Roy For the Opposite Party/s :
Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 308, 201, 34 of the Indian Penal Code.
The informant alleges that his younger brother was married to Simran and after marriage, his younger brother came to know that she was having an affair with another person. It is next alleged that he came to know that his brother and his wife are not on good terms. It is next alleged that he informed the police about his brother when the police reached the place of occurrence and after breaking the door, entered the house and found the body of his brother hanging from the ceiling fan. It is next alleged that his brother committed suicide because of the
Patna High Court CR. MISC. No.11985 of 2023(3) dt.21-06-2023 2/3 conduct of his wife in which her friend along with her father may also be involved.
Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent. Learned counsel next submits that the petitioner has been falsely implicated in the present case, it is next submitted that police after investigation submitted charge sheet under Section 306 of the I.P.C., it is also submitted that from perusal of the FIR, it would manifest that it does not even remotely suggest how the informant came to know that his brother has died, it is next submitted that the police had to break the door to enter the house which amply demonstrates that the house was locked from inside.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case
Patna High Court CR. MISC. No.11985 of 2023(3) dt.21-06-2023 3/3 is pending/successor court in connection with Bhagwan Bazar P.S. Case No. 308 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) HarshPandey/- U T