Md. Kitabul @ Md. Ketabul @ Kitabul Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31581 of 2023 Arising Out of PS. Case No.-369 Year-2021 Thana- FALKA District- Katihar ====================================================== Md. Kitabul @ Md. Ketabul @ Kitabul Sah Son of Md. Kalo Sah R/OSalehpur Maheshpur, P.S.- Falka, Distt.- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar Singh, Advocate For the Opposite Party/s :
Ms.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 21-06-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Falka P.S. Case No. 369 of 2021 registered for the offence under Sections 341, 323, 307, 435, 504, 506/34 of the Indian Penal Code later on Section 302 of the Indian Penal Code is added. The accused/petitioner is named in the F.I.R. and is in custody since 21.11.2022.
The allegation against this petitioner is to commit murder of mother-in-law of informant along with other coaccused persons due to previous enmities arises out of family disputes and differences.
Patna High Court CR. MISC. No.31581 of 2023(2) dt.21-06-2023 2/3 Learned counsel appearing on behalf of the petitioner submitted that petitioner was falsely implicated with present case and from the narration of F.I.R. itself, it appears that informant is not the eye witness of the occurrence. It is submitted that from the narration of F.I.R., it is clear that informant/injured, namely, Md. Ishteyak Shah became unable to see anything as assault was caused on his eye by petitioner and as such, it is apparent from his subsequent narration that petitioner assaulted his mother-in-law and others is appearing non-convincing on its face. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP opposes the prayer of bail.
Considering the facts and circumstances as mentioned above, and by taking note of the narration of F.I.R., it appears that the version of informant, being an eye witness, is appearing doubtful as he received injury on his eye by petitioner coupled with the fact that charge-sheet has been submitted, where petitioner is in custody since 21.11.2022, accordingly the petitioner, above named, is directed to be released on bail in
Patna High Court CR. MISC. No.31581 of 2023(2) dt.21-06-2023 3/3 connection with Falka P.S. Case No. 369 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 3rd, Katihar/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J) Archana/- U T