Md. Samir @ Dargahi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40832 of 2019 Arising Out of PS. Case No.-109 Year-2012 Thana- KHUDAGANJ District- Nalanda ====================================================== MD. SAMIR @ DARGAHI Son of Late Md. Haider Ansari Resident of Village Vaira, Police Station- Khudaganj, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar Sinha 2 For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-03-2020 The petitioner seeks regular bail in connection with Khudaganj P.S. Case No. 109 of 2012, registered for offences punishable under Section 302 of the Indian Penal Code. Allegation against the petitioner is of committing murder of his own father.

It appears from the record, that petitioner is suffering from mental illness and prayer has been made for his released on undertaking by his mother and sister. However, learned Trial Court has rejected his prayer on the ground that he is so aggressive that he may harm himself and to others also and he has referred him to some Psychiatric Center. It has been submitted on behalf of the petitioner that petitioner has been in custody since 19.11.2012 and his mother and sister of the petitioner is ready to undertake that they will

Patna High Court CR. MISC. No.40832 of 2019(8) dt.02-03-2020 2/2 take care of the petitioner and the petitioner. Heard learned A.P.P. also.

Having heard both sides, considering the above facts and circumstances, though, I am not inclined to enlarge the petitioner on bail, however, learned Trial Court is directed to obtain the report from Aayurvigyan Sansthan, where the petitioner is under treatment about the mental health of the petitioner as to whether his release will cause harm to others and as to whether her mother and sister can control him in such condition and after receipt of the same, if he considers that release of the petitioner will not harm anyone, shall pass an appropriate order, if any fresh application for grant of bail is filed in this case.

This application stands disposed of.

(Vinod Kumar Sinha, J) sunilkumar/- U T