Md. Salim Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70233 of 2018 Arising Out of PS. Case No.-305 Year-2018 Thana- KORHA District- Katihar ====================================================== Md. Salim Akhtar, S/o Md. Jahur Hussain, R/o Village- Deogaon, P.S.- Kadwa, Distt- Katihar.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailendra Kumar Dwivedi For the Opposite Party/s :

Mr. Nagendra Prasad For the Informant : Mr. Bal Krishna Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-12-2018 Petitioner prays for bail in connection with Korha P.S.Case No. 305 of 2018 registered for the offence punishable under Sections 302/34 of the Indian Penal Code. Allegation as per FIR is that husband of informant had gone out and later on his dead body was found in the field. It is further alleged that there was dispute between deceased and petitioner and due to that he killed him.

Submission of learned counsel for the petitioner is that due to enmity petitioner has falsely been implicated in this case and moreover there was dispute between deceased and Md. Samsuddin and not with the petitioner and furthermore the deceased had illicit relationship with his daughter-in-law and as such death under such circumstances cannot be ruled out and

Patna High Court Cr.Misc. No.70233 of 2018(3) dt.18-12-2018 2/2 petitioner is in custody since 7.8.2018.

Heard learned APP also.

Having heard both sides and in the facts and circumstances, let petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar, in connection with Korha P.S.Case No. 305 of 2018, subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) spal/- U T