Md. Firoz @ Md. Firoz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15660 of 2018 Arising Out of PS. Case No.-210 Year-2017 Thana- BABUBARHI District- Madhubani ====================================================== Md. Firoz @ Md. Firoz Alam, Son of Md. Azam, Resident of VillageMirzapur, P.S.- Ladaniya, District- Madhubani. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gagan Deo Yadav For the Opposite Party/s :

Mr. Sri Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 14-05-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Babubarhi PS Case No.210 of 2017, registered under Section 302 of the Indian Penal Code.

Allegation is that during investigation it transpired that the petitioner, a tempo driver, offered tea to the lady passenger on the way in order to commit sexual assault but she became unconscious and this petitioner is said to have left the lady in the Primary Health Centre and later on identified by witnesses and the lady died of poisoning.

Learned counsel for the petitioner submits that the FIR is against unknown and on the basis of confessional statement, the petitioner has been made accused; whereas the

Patna High Court Cr.Misc. No.15660 of 2018(3) dt.14-05-2018 2/2 learned counsel for the State submits that the witnesses have identified the petitioner who had left the lady in the Primary Health Centre in unconscious position.

Having considered the nature of offence and evidence against the petitioner, prayer of bail of the petitioner is rejected in connection with Babubarhi PS Case No.210 of 2017, giving rise to Sessions Trial No.38 of 2018, pending in the court of learned Additional Sessions Judge-VII, Madhubani. (Arun Kumar, J) S.KUMAR/- U T