Patna High CourtCR. MISC./8653/2016bail granted

Mohammad Azad v. The State Of Bihar

2016-04-12Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8653 of 2016 Arising Out of PS.Case No. -42 Year- 2013 Thana -NAWAKOTHI District- BEGUSARAI ======================================================

1. Mohammad Azad son of Mohammad Mohiuddin, resident of villageHasanpur Bagar, P.S. Nao Kothi, District- Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajey Kumar For the Opposite Party/s : Mr. Asha Devi (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-04-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under sections 302/34 of the Indian Penal Code.

Allegedly Shabana Khatoon @ Santoo, daughter of the informant was married to the petitioner and Shabana Khatoon was not able to speak clearly and as such the petitioner was married with another lady six months ago and thereafter the petitioner and other co-accused burnt Sabana Khatoon to death. Submission is of false implication, the wife of the petitioner received burn injuries with earthen lamp, the informant only with oblique motive has lodged this case. Other co-accused Nasru Khatoon and Md. Mohiuddin and others have already been

Patna High Court Cr.Misc. No.8653 of 2016 (4) dt.12-04-2016 allowed bail and the petitioner is suffering in custody since 06.11.2013 having no criminal antecedent.

Learned A.P.P opposed the prayer for bail by submitting that the petitioner is the husband. In the facts and circumstances stated above and considering the period of detention of the petitioner and further that the charge-sheet has already been submitted and that there is no chance of tampering with the prosecution evidence, 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 Chief Judicial Magistrate, Begusarai in connection with Naokothi P.S. Case No. 42 of 2013.

(Jitendra Mohan Sharma, J) Amin/- U