Md. Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28811 of 2022 Arising Out of PS. Case No.-208 Year-2021 Thana- KOTWALI District- Munger ====================================================== Md. Ali Son Of Md. Mahmood Resident Of Village - Gulzar Pokhar, P.S.- Kotwali, District - Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjiv Kumar Singh For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 306, 34 of the Indian Penal Code.

As per FIR, the niece of the informant committed suicide by jumping herself from the roof of the house of the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits the allegation against the petitioner is that he had always disturbed the victim girl from his mobile but this fact has not been mentioned in the FIR. He submits that the petitioner never involved directly or indirectly in this case. The postmortem report does not support the prosecution case. He further submits that petitioner has no criminal antecedent as stated in para-3 of this

Patna High Court CR. MISC. No.28811 of 2022(4) dt.14-11-2022 2/2 application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case and the fact that the postmortem report does not support the prosecution case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Kotwali P.S. Case No. 208 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T