Md. Nasim v. The State Of Bihar

Patna High Court Cr.Misc. No.19016 of 2017 (2) dt.19-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19016 of 2017 Arising Out of PS.Case No. -379 Year- 2015 Thana -PHULWARI District- PATNA ====================================================== Md. Nasim, Son of Md. Samim, R/o- village- Isopur, Rahmat Nagar Tola, P.S.- Phulwarisharif, Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kishor Prasad For the Opposite Party/s : Mr. Sri Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-04-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner is in custody since 28.05.2016 in connection with S.Tr. No. 401 of 2016 arising out of Phulwarisharif P.S. Case No. 379 of 2015 registered under Sections 304(B) of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, has falsely been implicated in this case. In fact, the deceased has committed suicide and the petitioner has never assaulted her nor demanded any dowry in any manner. Further, it is submitted that earlier the prayer for bail of this petitioner was refused by this Court in Cr. Misc. No. 49773 of 2016 with observation that prayer for bail may be considered after framing of charge. Charges have now been

Patna High Court Cr.Misc. No.19016 of 2017 (2) dt.19-04-2017 framed in this case and the petitioner is rotting in custody for the last ten months.

.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge, IXth, Patna in connection with S.Tr. No. 401 of 2016 arising out of Phulwarishariff P.S. Case No. 379 of 2015.

(Arvind Srivastava, J) brajesh/- U T