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Patna High CourtCR. MISC./30472/2023allowed

Md. Khurshid @ Khurshid v. The State Of Bihar

2023-06-13Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30472 of 2023 Arising Out of PS. Case No.-953 Year-2022 Thana- ARARIA District- Araria ====================================================== Md. Khurshid @ Khurshid, aged about 30 years, male, Son of Late Hasib @ Late Md. Hasib Resident of village-Haldiya, P.S.-Simraha, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha, Advocate For the State :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 13-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Araria (R.S.) P.S. Case No. 953 of 2022 dated 07.11.2022 registered for the offence punishable under Sections 341, 323, 324, 307, 504 and 506/34 of the Indian Penal Code.

The allegation against the petitioner is that he used to assault his wife-informant and on asking maintenance he threw their minor daughter in a running train compartment due to which her right feet was cut off.

Learned counsel for the petitioner submits that the petitioner is the husband of the informant and due to some differences the informant-wife has filed false case against the petitioner taking undue advantage of the incident in which due

Patna High Court CR. MISC. No.30472 of 2023(2) dt.13-06-2023 2/2 to accidental slip, the baby sustained injury in her feet. Further, learned counsel submits that the alleged occurrence took place on 30.10.2022 but the FIR was lodged on 07.11.2022 without any plausible explanation. Both the parties have compromised and good relationship restored between them. The petitioner is in jail custody since 08.12.2022 having no criminal antecedent. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, 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 the learned C.J.M., Araria in connection with Araria (R.S.) P.S. Case No. 953 of 2022.

(Sunil Dutta Mishra, J) P. Kumar U T