Md. Soyab v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16558 of 2019 Arising Out of PS. Case No.-345 Year-2018 Thana- BUDDHACOLONY District- Patna ====================================================== MD. SOYAB Son of Md. Mehjuddin Resident of B/6, Buddha Colony, P.S.- Buddha Colony, Distt - Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Babita Kumari For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-07-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Buddha Colony P.S. Case No. 345 of 2018, instituted for the offence under Section(s) 302/34 of the Indian Penal Code.

In the Fard-e-beyan it is alleged that informant got information from his elder brother that his parents are lying unconscious in the house. They have been brought to Hospital by renters for their treatment. The informant reached the Hospital and found his parents dead. The informant also found injuries on the person of his parents. It is further alleged that some unknown Criminal has committed murder of parents of the informant.

In the impugned order the learned Sessions Judge has mentioned that from paragraph-44 of the case diary, it

Patna High Court CR. MISC. No.16558 of 2019(5) dt.02-07-2019 2/2 transpires that petitioner has committed murder of mother of the informant.

Learned A.P.P. after perusal of the case diary has stated that in paragraph-44 of the case diary the statement of petitioner has been recorded by the Police after his arrest. Same statement has been recorded in paragraph-39 of the case diary. He submits that besides aforesaid confessional statement, there is no other material in the case diary.

Counsel for the petitioner submits that First Information Report is against unknown. Petitioner is in custody since 7.9.2018 having clean antecedent.

Considering the aforesaid 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 bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Judge-XVIcum A.C.J.M. Patna, in connection with Buddha Colony P.S. Case No. 345 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T