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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43690 of 2023 Arising Out of PS. Case No.-130 Year-2021 Thana- BAUNSI District- Araria ====================================================== Md. Shafique @ Shafique Alam Son Of Late Md. Jahur @ Jahur Resident Of Village- Karankiya, Ward No. 07, P.S. - Bounsi, Distt. - Araria ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 34 of the Indian Penal Code.

As per prosecution case, the allegation against the accused persons that they committed murder of the informant's daughter and hanged her dead body in the orchard of the petitioner. It is further alleged that the petitioner has illicit relation with the deceased. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.43690 of 2023(2) dt.21-07-2023 2/3 petitioner is innocent and has committed no offence. There is no eye witness of the alleged occurrence and petitioner is next door neighbour of husband of the deceased, namely Md. Saiyad and there was no good relation between them due to which the petitioner has falsely been implicated in this present case. The petitioner has no concern with the deceased as well as her husband and living separately from them. He has got no criminal antecedent. Similarly situated co-accused has already been granted bail by this Court vide order dated 22.03.2023 passed in Cr. Misc. No. 72414 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 01.05.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bounsi P.S. Case No. 130 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.43690 of 2023(2) dt.21-07-2023 3/3 amount each to the satisfaction of learned ACJM-Ist Araria. (Sunil Kumar Panwar, J) Manishkumar/- U T