Md. Issa @ Md. Iftekhar Ahamad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21190 of 2020 Arising Out of PS. Case No.-90 Year-2017 Thana- GURUA District- Gaya ====================================================== MD. ISSA @ MD. IFTEKHAR AHAMAD (Male), aged about 70 years, Son of Md. Ishaque, Resident of Village - Bishunpur, P.S.- Gurua, Distt.- Gaya. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Wasi Ahmad Khan, Advocate.

For the Opposite Party :

Mrs. Sangeeta Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-07-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of lifting of the lockdown in the State of Bihar.

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 302/34 of the IPC.

The prosecution story, in brief, is that on 20.07.2017 at about 9.45 A.M. in the midnight, while the informant and his

Patna High Court CR. MISC. No.21190 of 2020(2) dt.02-07-2020 2/3 wife Quaraisa Khatoon (deceased) were sleeping in their house, seven persons came there and switched off all the light and two persons caught hold the informant and two other persons pressed the throat of the informant's wife. After some time when the informant came to his wife, he found his wife dead. The informant identified the petitioner.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 22.02.2020. The petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. General and omnibus allegation has been made against the petitioner. No specific overt act has been alleged against the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the facts and circumstances of the case and also the lockdown, let the petitioner above named, be released on bail on his personal bond to the satisfaction of the learned S.D.J.M. Sherghati, Gaya, in connection with Gurua P.S. Case No. 90 of 2017.

Once the normalcy is restored, the petitioner shall

Patna High Court CR. MISC. No.21190 of 2020(2) dt.02-07-2020 3/3 furnish bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each within a period of four weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) U.K./- U T