Md. Irfan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25927 of 2024 Arising Out of PS. Case No.-66 Year-2023 Thana- BANGAWON District- Saharsa ====================================================== Md. Irfan S/o- Md. Allauddin R/o Vill- Navtoli (Naulakha), Nav toliya Ward No- 01 P.S- Bangaon, Dist- Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Bangaon P.S. Case No. 66 of 2023 instituted for the offence under Sections 306, 328, 498A & 34 of the Indian Penal Code. 3.

The prosecution story, in short, is that the marriage of the sister of the Informant (deceased) was solemnized 11 years ago with Md. Irfan. It is alleged that the accused persons including the petitioner were harassing the sister of the Informant. On 01.06.2023, a Panchayati was also held but, the accused persons kept on harassing the girl and lastly, on 07.06.2023, the sister of the Informant committed suicide by taking poison.

Patna High Court CR. MISC. No.25927 of 2024(2) dt.03-04-2024 2/3 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 09-06-2023. Petitioner is stated to be man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is the husband of the deceased. There is specific allegation against the petitioner. It is submitted that deceased had committed suicide after administering poison. Police after investigation has submitted charge sheet under Sections 306, 498A & 34 of the IPC. Other co-accused has been granted bail by this Court, vide order dated 07-12-2023, passed in Cr. Misc. No. 78701 of 2023.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, no direct allegation against the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with /Bangaon

Patna High Court CR. MISC. No.25927 of 2024(2) dt.03-04-2024 3/3 P.S. Case No. 66 of 2023, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T