Md. Khalid @ Abdul Khalik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41052 of 2023 Arising Out of PS. Case No.-331 Year-2022 Thana- DHORAIYA District- Banka ====================================================== Md. Khalid @ Abdul Khalik Son Of Late Abdul Wahid Resident Of Rangaon Buzurg, P.S. - Dhoraiya, Diss. - Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar For the State :

Mr. Nirmal Kumar Sinha For the Informant :

Mr. Brij Nandan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

3. As per the prosecution case, it is alleged that the petitioner along with other co-accused have committed murder of the informant's daughter by assaulting her with lathi danda and by stabbing iron bar.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that

Patna High Court CR. MISC. No.41052 of 2023(4) dt.29-01-2024 2/2 the petitioner is elder brother-in-law of the deceased. He further submits that the husband of the deceased is already in judicial custody, it is mentioned in para-9 of the bail application. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State as well as learned counsel for the informant opposed prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and the fact that the husband of the deceased is already in judicial custody, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Dhoraiya P.S. Case No. 331 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T