Md. Akbar @ Mubarak Nadaf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43469 of 2021 Arising Out of PS. Case No.-123 Year-2016 Thana- BHAWANIPUR District- Purnia ====================================================== Md. Akbar @ Mubarak Nadaf S/O Md. Walish @ Jabul @ Jabul Nadaf R/o village- Ujani, P.S.- Naugachiya, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Bidhu Ranjan For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-01-2022 Heard both parties.

The petitioner seeks bail in Bhawanipur P.S. Case No. 123 of 2016 corresponding to Sessions Trial No. 11 of 2021, registered for the offence punishable under Section 304(B) of the Indian Penal Code.

As per the prosecution case, petitioner stabbed his wife (informant's sister) and killed her by tying rope around her neck in her parental house and fled away.

It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. There is no eye-witness of the occurrence. Alleged occurrence took place in the parental house of the deceased. In fact, parents of the deceased was not happy with the marriage and they committed murder of the deceased and falsely implicate this petitioner. It is

Patna High Court CR. MISC. No.43469 of 2021(3) dt.03-01-2022 2/2 a case of honour killing. Moreover, petitioner is disabled from right hand and leg. Though there is allegation of stabbing by knife, but no cut injury was found by doctor in postmortem report. Petitioner is in custody since 20.09.2020 having clean antecedent.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to 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 the learned Sessions Judge, Purnea in connection with Bhawanipur P.S. Case No. 123 of 2016 corresponding to Sessions Trial No. 11 of 2021.

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