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Patna High CourtCR. MISC./25422/2019bail granted

Md. Abed @ Abed @ Aabeed v. The State Of Bihar

2019-04-24Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25422 of 2019 Arising Out of PS. Case No.-51 Year-2018 Thana- JOKIHAT District- Araria ====================================================== MD. ABED @ ABED @ AABEED Son of Md. Taksir Resident of Village - Balua, Mahal Gaon, P.S.- Jokihat, District - Araria, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Sharma, Advocate.

For the Opposite Party/s :

Mr. Md. Shakir Ahmad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-04-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Jokihat (Mahalgaon) P.S. Case No. 51 of 2018, instituted for the offence under Section(s) 363, 364, 302 and 201/34 of Indian Penal Code. It is alleged in the written report that on 20.2.2018 at about 4:00 p.m. daughter of the informant (since deceased) was taken by the petitioner along with two other accused persons for the purpose of marriage. It is further alleged that on 23.2.2018, the informant learnt that dead body of her daughter is kept in Sadar Hospital, Araria.

Counsel for the petitioner submits that name of petitioner has come in the written report merely on suspicion. There is no eye witness of the case. The informant has filed

Patna High Court CR. MISC. No.25422 of 2019(2) dt.24-04-2019 2/2 verified petition (Annexure-4) in the court below stating therein that petitioner has no hand in the aforesaid occurrence. He further submits that co-accused Md. Rahil Kuddus with similar allegation has already been granted bail by coordinate Bench of this Court vide order dated 28.3.2019 passed in Cr. Misc. 5637 of 2019.

Petitioner is in custody since 16.11.2018 having clean antecedent.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Jokihat (Mahalgaon) P.S. Case No. 51 of 2018, subject to the condition that both the bailors will be close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T