Patna High CourtCR. MISC./20846/2023bail granted

Md. Faiyaz v. The State Of Bihar

2023-08-16Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20846 of 2023 Arising Out of PS. Case No.-107 Year-2022 Thana- JALALGARH District- Purnia ====================================================== MD. FAIYAZ MD. Asfaque Village- Lachhanpur Ps- Jalalgarh Dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv.

Mr. Dr. Bidhu Ranjan, Adv.

Mr. Kumar Rajdeep, Adv.

For the Opposite Party/s :

Mr. Dr. Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-08-2023

1. Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Jalagarh P.S. Case No. 107 of 2022 dated 15.06.2022 registered for the offences punishable u/s 304B read with section 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and co-

Patna High Court CR. MISC. No.20846 of 2023(3) dt.16-08-2023 2/3 accused persons are alleged to have committed murder of the daughter of the informant due to non-fulfillment of demand of dowry.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is the husband of the informant. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 16.06.2022, i.e. for more than one year.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Purnia in connection with Jalagarh P.S. Case No. 107 of 2022 with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date,

Patna High Court CR. MISC. No.20846 of 2023(3) dt.16-08-2023 3/3 failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

8. The application stands allowed.

(Chandra Prakash Singh, J) Alok Verma/- U T