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Patna High CourtCR. MISC./15212/2023bail granted

Abdul Wahid Raza Khan @ Abdul Wahid Khan v. The State Of Bihar

2023-07-06Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15212 of 2023 Arising Out of PS. Case No.-106 Year-2022 Thana- JALE District- Darbhanga ====================================================== Abdul Wahid Raza Khan @ Abdul Wahid Khan Son of Late Abdul Razique Khan @ Abdul Razique @ Late Razik Khan R/O Village- Jale Pachimi, Mohalla- Khan Mohalla, P.S.- Jalley, District- Darbhanga, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikas Kumar Jha, Advocate For the Informant :

Mr. Mahtab Alam, Advocate Mr. Arif Daula Siddiqui, Advocate For the State :

Mr. Satyendra Narayan Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-07-2023 Heard learned counsels for the petitioner, informant and the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Sections 306, 302, 201/34 of the Indian Penal Code.

Prosecution case, in brief, is that a U.D. Case No. 04 of 2022 dated 18.04.2022 was registered by the police that a lady had committed suicide. Brother of the deceased, after three months, filed a Complaint Case No. 793 of 2022 on 29.07.2022 alleging therein that this petitioner along with other co-accused had provoked the deceased to commit suicide.

Learned counsel appearing for the petitioner submits

Patna High Court CR. MISC. No.15212 of 2023(3) dt.06-07-2023 2/2 that petitioner has been made accused only because he is covillager of co-accused Mariyam Khatoon. He further submits that in the entire case no specific role has been assigned to this petitioner and F.I.R. has been lodged after delay of 135 days of the occurrence. Except suspicion there is no other tangible material to suggest his involvement in the alleged occurrence. Petitioner has got clean antecedent.

Learned counsels for the informant vehemently oppose the bail application.

Considering the facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Darbhanga in connection with Jalley P. S. Case No. 106 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T