Md. Ibrahim @ Md. Arif @ Lal@Lalo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37459 of 2019 Arising Out of PS. Case No.-271 Year-2014 Thana- BISFI District- Madhubani ====================================================== Md. Ibrahim @ Md. Arif @ Lal@Lalo son of Noor Mohammad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukund Mohan Jha For the Opposite Party/s :

Mr. Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-11-2019 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is languishing in jail custody since 17.01.2015 in connection with Bisfi ( Patauna) P.S.Case No. 271 of 2014 registered under sections 302, and other minor sections of the Indian Penal Code.

Petitioner is not named in the first information report and it would appear from perusal of the case diary that in course of investigation, the name of petitioner surfaced in this case and subsequently, he was arrested and remanded in jail custody. However, Para-35 of the case diary goes to show that investigating officer in-corroborated the statement of victim Nemat Parveen, who stated in her statement that it was accused Farjana, who administered poison in the milk to her father and

Patna High Court CR. MISC. No.37459 of 2019(7) dt.20-11-2019 2/2 mother as well as others and so far as unknown persons are concerned, they were only present there. Therefore, even if, the participation of the petitioner in the alleged crime assumed to be true, then also, the accusation of administering poison to d3eceased and others against Farjana. The report of learned trial court goes to show that the trial of the petitioner is pending for recording prosecution evidence. The trial court has averred in the report that the trial of the petitioner is likely to be concluded within six months. The learned trial court has not mentioned in his report as to how many witnesses have been left to be examined in this case.

Considering the aforesaid facts and circumstances as well as submissions of 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 Additional Sessions Judge-VI, Madhubani in connection with Bisfi ( Patauna) P.S.Case No. 271 of 2014, subject to the condition that one of the sureties must be a close relative of the petitioner and shall swear an affidavit as to how he/she is related with the petitioner. N.K/- (Hemant Kumar Srivastava, J) U T