Patna High CourtCR. MISC./21005/2024bail granted

Rajda Haque v. The State Of Bihar

2024-08-14Mr. Justice Prabhat Kumar Singh5 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16875 of 2024 Arising Out of PS. Case No.-960 Year-2023 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== 1.

Mahmood Alam S/o Late Md. Chand R/o Vill - Majhaulia, P.S. - Sadar, Dist. - Muzaffarpur 2.

Shahnaj Khatoon @ Sahnaj Bano @ Sahnaj Khatoon W/o Mohammad Alam R/o Vill - Majhaulia, P.S. - Sadar, Dist. - Muzaffarpur 3.

Nimmi Khatoon @ Mazda Khatoon D/o Mohammad Alam R/o Vill - Majhaulia, P.S. - Sadar, Dist. - Muzaffarpur 4.

Noor Alam S/o Mohammad Alam R/o Vill - Majhaulia, P.S. - Sadar, Dist. - Muzaffarpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 21005 of 2024 Arising Out of PS. Case No.-960 Year-2023 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== 1.

Rajda Haque WIFE OF LATE MAHMOODFUL HAQUE RESIDENT OF VILLAGE- MAJHAULIA, PS- SADAR, DISTT- MUZAFFARPUR 2.

NAGMA KHATOON DAUGHTER OF MAHMOOD RESIDENT OF VILLAGE- MAJHAULIA, PS- SADAR, DISTT- MUZAFFARPUR 3.

MD. MAQSOOD ALAM SON OF LATE MD. CHAND RESIDENT OF VILLAGE- MAJHAULIA, PS- SADAR, DISTT- MUZAFFARPUR ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 16875 of 2024) For the Petitioner/s :

Mr.Mazharul Hassan, Advocate For the Opposite Party/s :

Mr.Awadhesh Kumar Singh, APP For informant :

Abhishek Kumar , Advocate Rashmi Jha, Advocate Sharad Kumar Verma, Advocate Sagar Kumar , Advocate (In CRIMINAL MISCELLANEOUS No. 21005 of 2024) For the Petitioner/s :

Mr. Mazharul Hassan, Advocate For the Opposite Party/s :

Mr. Nityanand , APP

2/5 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-08-2024 Re : Cr. Misc. No. 16875 of 2024 Heard learned counsel for the petitioners, informant and the State .

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 341 , 323 , 302, 379, 506 and 34 of the Indian Penal Code .

3. The prosecution case , in brief, is that the son of informant, went to his sasural after returning from his duty. On 12.08.2023 at about 1:30 PM , all the F.I.R., accused persons including these petitioners assaulted son of informant and killed him.

3/5 suffering from many disease such as liver problem, lack of blood and other chronic disease . On the day of death when son of informant was seriously ill then his wife and others took him to hospital. During course of investigation, three children of the deceased have also stated that the deceased fell down on the ground and thereafter while being taken to hospital died. 5 . However, learned counsel for the State as well as informant opposed the bail petition and submitted that these petitioners are named in the F.I.R. and there is specific allegation against these petitioners that they along with other coaccused persons committed murder of the deceased.

6 Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate , Muzzafarpur in connection with Sadar P.S. Case No. 960 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .

Re : Cr. Misc. No. 21005 of 2024 Heard learned counsel for the petitioners, informant

4/5 and the State .

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 341 , 323 , 302, 379, 506 and 34 of the Indian Penal Code .

4. It is submitted on behalf of the petitioners that informant is not an eye witness to the alleged occurrence and only on suspicion they have been made accused in this case . Petitioner No. 1 is wife of the deceased petitioner No. 2 is uncle of Petitioner No. 1 and petitioner No. 3 is nephew of Petitioner No. 1 of the deceased. As a matter of fact, son of informant performed marriage 15 years ago and since than he was living with his wife and out of the wedlock three children were born . He further submits that son of the informant was suffering from many disease such as liver problem, lack of blood and other chronic disease . On the day of death when son of informant was seriously ill then his wife and others took him to hospital. During course of investigation, three children of the deceased

5/5 have also stated that the deceased fell down on the ground and thereafter while being taken to hospital he died. 5 . However, learned counsel for the State as well as informant opposed the bail petition and submitted that these petitioners are named in the F.I.R. and there is specific allegation against these petitioners that they along with other coaccused persons committed murder of the deceased. 6 Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate , Muzzafarpur in connection with Sadar P.S. Case No. 960 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .

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