Md. Badruddin @ Chunno @ Md. Badriuddin @ Chunna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32996 of 2024 Arising Out of PS. Case No.-323 Year-2023 Thana- GAURICHAK District- Patna ====================================================== MD. BADRUDDIN @ CHUNNO @ MD. BADRIUDDIN @ CHUNNA SON OF NOOR MOHAMMAD VILLAGE- MIRJAPUR, PS- MUFFASIL, DIST- MUNGER ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Pankaj Kumar Sinha, Advocate Mr. Rajiv Kumar Singh, Advocate For the State :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-08-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 302, 120B and 34 of the Indian Penal Code.

3. The prosecution case in brief is that on 24.05.2023 at about 8:30 AM, husband of the informant went to Patna for earning with some co-villagers, including this petitioner. Thereafter, on 25.05.2023 at about 8:30 AM, the informant received a call on her mobile phone that her husband has died. Then, at about 4:30 PM, dead body of husband of informant was brought by one Ranjit Ram, who is driver of an ambulance and during enquiry the informant came to know that while doing some electrical work at the house of one Deepak Singh, her

Patna High Court CR. MISC. No.32996 of 2024(4) dt.06-08-2024 2/3 husband died.

4. It is submitted by learned counsel appearing on behalf of the petitioner that from bare perusal of the F.I.R. it is apparent that informant is not an eye witness of the alleged occurrence and only a suspicion has been raised against this petitioner. Moreover, during course of investigation it has come that husband of informant died due to electric shock while doing some electrical work at the house of one Deepak Singh. Even the medical report does not corroborates the prosecution case.

5. Learned A.P.P. for the State has opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the aforesaid facts and circumstances, nature of accusation and materials that have come during course of investigation, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged 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 A.C.J.M.-VI, Patnacity, in connection

Patna High Court CR. MISC. No.32996 of 2024(4) dt.06-08-2024 3/3 with Gaurichak P.S. Case No. 323 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T