Patna High CourtCR. MISC./27745/2019bail granted

Afshana Khatoon v. The State Of Bihar

2019-08-26Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27745 of 2019 Arising Out of PS. Case No.-203 Year-2013 Thana- KUDHNI District- Muzaffarpur ====================================================== Afshana Khatoon W/o Late Md. Momin @ Late Md.Mobin R/o Vill.- Bangara, Banshidhar, P.S.- Kudhani, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 302, 201, 328 and 34 of the Indian Penal Code. The prosecution case in brief is that brother of the informant was murdered by accused persons by administering poison.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 20-05-2017. Charge sheet has already been submitted. The petitioner has been named in this case merely on the basis of suspicion. There is no eye witness to the alleged occurrence. Except for suspicion, there is no

Patna High Court CR. MISC. No.27745 of 2019(5) dt.26-08-2019 2/2 other substantive evidence to suggest the implication of the petitioner in the present case.

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

Considering the aforesaid facts and circumstances, the petitioner named above is directed to 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 learned Additional Sessions Judge-XIIIth, Muzaffarpur in connection with Sessions Trial No. 646 of 2017 arising out of Kudhani P.S. Case No. 203 of 2013.

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