Md. Ibrahim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38503 of 2024 Arising Out of PS. Case No.-26 Year-2022 Thana- BALIGAON District- Vaishali ====================================================== Md. Ibrahim Son of Md. Ismaile Resident of Village- Tenda, Chakjao Dargah Bela, P.S- Baligaon, Dist- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satya Prakash Sinha, Advocate For the Opposite Party/s :
Mr.Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Baligaon P.S. Case No. 26/2022 lodged on 14.03.2022 under Sections 341, 324, 307, 504 of the Indian Penal Code.
3. As per the prosecution case, the specific allegation against the petitioner is that he stabbed the son of the informant with a knife due to which he got injured.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is in custody since 18.08.2022 having no criminal antecedent. From the content of the FIR, it become clear that it is a family dispute between the husband and wife which resulted into occurrence of the present event. Learned counsel further
Patna High Court CR. MISC. No.38503 of 2024(2) dt.27-05-2024 2/2 submits that on a stage of anger, the occurrence took place.
5. Learned counsel for the State opposes the prayer for bail.
6. Upon specific query from the counsel for the petitioner whether the charge has been framed or not, learned counsel for the petitioner submits that the case has been committed, but he is not aware that whether the charge has been framed or not.
7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be released on bail, but only after six months of framing of the charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VII, Vaishali at Hajipur, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.
(Dr. Anshuman, J.) Ashwini/- U T