Patna High CourtCR. MISC./61646/2018bail granted

Md. Hakim v. The State Of Bihar

2018-10-08Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61646 of 2018 Arising Out of PS.Case No. -30 Year- 2018 Thana -NIRMALI District- SUPAUL ======================================================

1. Md. Hakim S/o Late Rustam Ali, R/o Vill.- Majhari, P.S.- Nirmali, District- Supaul.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar For the Opposite Party/s : Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-10-2018 Heard both sides.

The petitioner seeks bail in Nirmali P.S. case No. 30 of 2018 registered under Section 302, 201, 34 of the Indian Penal Code and under Section 27 of Arms Act.

The informant alleged that his son developed illicit relation with Nayeema Khatoon. A Panchayati was held and his son was fined Rs. 5100/-. Md. Salim @ Sallo, brother of Nayeema Khatoon, threatened his son of dire consequences. The informant further alleged that Md. Salim and Nayeema Khatoon with the help of other accused persons shot his son dead and his dead body was found by the side of river Lahua Main.

The learned counsel for the petitioner submits that there is no eye witness of the occurrence. Save and except

Patna High Court Cr.Misc. No.61646 of 2018 (2) dt.08-10-2018 2/2 suspicion, there is absolutely no material against the petitioner. Md. Salim against whom there was allegation of threatening to kill the deceased has already been granted bail vide order passed in Cr. Misc. No. 42072 of 2018.

Taking into consideration the fact that petitioner is not named in the FIR and save and except suspicion there appears no material against the petitioner to conspire with co-accused Md. Salim @ Sallo, the petitioner, above named, is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Lal Bahadur Prasad, learned Judicial Magistrate, Birpur, Supaul in connection with Nirmali P.S. case No. 30 of 2018.

(Prabhat Kumar Jha, J) BKS/- U T