Parwez Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34396 of 2024 Arising Out of PS. Case No.-17 Year-2024 Thana- AMAUR District- Purnia ====================================================== 1.
PARWEZ ALAM S/O ABDUL KARIM R/O VILLAGE- GAYANDOB, P.SAMOUR, DISTT.- PURNEA. 2.
ADIL @ MD. ADIL SAHABAZ S/O PARWEZ ALAM R/O VILLAGEGAYANDOB, P.S- AMOUR, DISTT.- PURNEA. ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agrawal, Sr. Adv.
Mr. Arvind Kumar, Adv.
Mr. Kumar Rajdeep, Adv.
For the Opposite Party/s :
Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-09-2024 Heard learned counsel for the petitioners as well as learned APP for the State.
2. In this case, the petitioners are seeking regular bail in connection with Amour P.S. Case No. 17 of 2024, registered for the offences punishable under Sections 302/34 of the IPC.
3. As per allegation, on 11.01.2024, at about 8:00 PM, the informant and his family members after dinner went to sleep. At about 10:00 PM, the petitioners along with other accused persons, named in the FIR, came at his house and strangulated his wife to death. Further, the informant raised
Patna High Court CR. MISC. No.34396 of 2024(5) dt.18-09-2024 2/3 alarm upon which the villagers gathered there but the accused persons managed to flee away.
4. The learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Petitioner no. 1 is own brother whereas petitioner no. 2 is nephew of the informant. There is land dispute between the parties. The post-mortem report does not corroborate the allegation made in the FIR as no ligature mark was found around the neck of the deceased. He has submitted further that the medical report shows that the deceased was pregnant and she died due to some complications and this petitioner has falsely been implicated due to previous land dispute.
5. On the other hand, the learned APP Sri Shailendra Kumar has opposed the prayer for bail.
6. There is allegation of strangulating the deceased but the medical report does not corroborate the allegation.
7. Considering the above-mentioned facts and circumstances, let the petitioners above-named be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Amour P.S.
Patna High Court CR. MISC. No.34396 of 2024(5) dt.18-09-2024 3/3 Case No. 17 of 2024, subject to the following conditions:- (i) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.
(Nawneet Kumar Pandey, J) kundan/- U T